Changing Sponsors as a Primary 482 Visa Holder: Understanding the Process and Requirements

Primary 482 visa holders, commonly engaged in skilled occupations in Australia, have the flexibility to change their sponsors (employers) post the grant of their visa. However, adherence to specific conditions and requirements is crucial to avoid breaching the work restrictions, particularly condition 8607, associated with their visa.

Reasons and Process for Changing Sponsors

482 visa holders may consider changing sponsors for various reasons, including better job offers, termination of current employment, or simply the desire for a new professional environment. The process involves both the visa holder and the prospective sponsor ensuring compliance with the established guidelines.

Sponsor’s Responsibilities

The new sponsor must be an approved entity by the Department of Home Affairs and agree to lodge a new nomination, effectively transferring the remaining time of the main applicant’s 482 visa. An important aspect to note is the financial commitment: sponsors are required to pay for only one year of the Skilling Australians Fund (SAF) levy, regardless of the visa’s remaining duration. For instance, if a primary applicant has three years left on their 482 visa, the new sponsor pays the SAF levy for a single year to cover the entire period.

Moreover, the nominated occupation must remain unchanged. If the new role involves a different occupation, a new visa application is mandatory, and the visa holder must possess the requisite skills and experience for this new role to secure approval.

Primary 482 Visa Holder’s Responsibilities

For the visa holder, the transition involves waiting for a favorable decision on the new nomination before commencing work with the new employer, as mandated by visa condition 8607. During this period, any notice period can be served. Post-approval, the applicant must join the new sponsor within 60 days.

Post-Approval Procedures

Upon the approval of the new nomination, the visa holder is authorized to work with the new sponsor. Notably, if they wish to revert to their previous sponsor, another new nomination is required. The remaining time on their current 482 visa transfers to the new sponsor, including for any dependents included in their visa application.

The process of changing sponsors for primary 482 visa holders involves careful consideration and compliance from both the visa holder and the prospective sponsor. It is a structured process ensuring continuity and flexibility within the Australian skilled migration framework. However, it’s always advisable to seek specialized guidance for individual circumstances to ensure compliance and a smooth transition.