On 5 June 2023, The Minister for Immigration announced a crucial change to Temporary Skills Shortage (Subclass 482) visas. It is expected to benefit and protect overseas workers who have left their position.
The government plans to extend the grace period for these visa holders to find a new employer from 60 days to 6 months. This policy aims to protect workers' rights and prevent exploitation. In this article, we explore the impact of this change on temporary skilled workers.
The Grace Period
Currently, if a Subclass 482 visa holder leaves their job, they have 60 days to find a new job and be nominated by the new employer. This is the case whether they resign, are terminated from their position or made redundant. The 60-day period is commonly referred to as the 'grace period.'
If a sc 482 visa holder is offered a new position, they are not permitted to start working in that position until a nomination transfer application by the new sponsor is approved. In fact, they are not permitted to work at all during the grace period. That is because sc 482 holders are only permitted to work in their approved nominated position. Other employment is not allowed. Exceeding the 60 days period means that the visa holder is in breach of their visa conditions (Condition 8607). The potential consequences of breaching visa conditions are serious, including visa cancellation and having to leave Australia. The 60-day limit can put pressure on visa holders to accept inadequate job offers.
The Change
According to the Minister's announcement, the Government will extend the grace period to 6 months. Furthermore, sc 482 visa holders will be permitted to work during this period.
The extended grace period offers several advantages for temporary skilled workers. It increases their chances of finding suitable employment that matches their skills and goals. With more time available, visa holders can explore different opportunities and secure a job that better suits their skills.
Moreover, the six-month grace period with work rights provides temporary skilled workers with greater financial stability. They can continue earning a living while searching for suitable employment, reducing the risk of financial hardship or exploitative work arrangements.
Extending the grace period for Temporary Skilled Shortage visa holders aligns with the government's efforts to address migrant worker exploitation and promote a fair work environment. It acknowledges the valuable contributions of temporary skilled workers to Australia's workforce and the nation's growth.
What about Subclass 494 visas?
There is another employer-sponsored visa which is not mentioned in the announcement - the Subclass 494 Skilled Employer Sponsored Regional (Provisional) visa. The sc 494 grace period is 90 days. Presumably the grace period for this visa subclass will also be increased to 6 months however, there is no mention of plans to do so.
Word of caution
Changes to the legislation will be required to implement the grace period extension. At this stage there is no indication of when this will happen. Visa holders and their employers should be cautious when they consider changing or ending their employment.
For more information please Contact Us or email elan@ryshermigration.com.au
Elan Rysher is a Registered Migration Agent and Qualified Student Counsellor. He is the main Writer for ImmiUpdates and the founder of Rysher Migration. Elan has many years of experience working in immigration, finance and health. Being a former migrant himself, Elan is passionate about helping others fulfil their Australian dream.
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