Employer Sponsorship Visa Recent Updates

Zhanna Heenan

Visa News 23 March, 2025

Changes for Sc 482 and Sc 494 Visa Holders Awaiting Nomination Approval

In a significant update, the Department of Home Affairs has confirmed that Subclass 482 and Subclass 494 visa holders who have ceased employment with their previous sponsor and lodged a nomination application to change employers within the required 180-day timeframe do not need to stop working for their prospective sponsor while awaiting approval.

This update follows advocacy from the Migration Institute of Australia (MIA) and ensures that visa holders are not disadvantaged by processing delays. Previously, Condition 8607(5) and 8608(5) created uncertainty for applicants who had exceeded their grace period while awaiting nomination transfer approvals. The confirmation from the Department means affected visa holders can continue working and financially supporting themselves without interruption.

Subclass 186 Visa Work Experience Requirement Changes

From 7 December 2024, Subclass 186 visa applicants will no longer be required to have worked for the same employer for two years within the three years immediately preceding their application. The Department has clarified that periods of employment between the lodgement of a nomination and its approval can be counted towards meeting work experience requirements under clause 186.227. This change facilitates smoother employer transitions and provides more flexibility for skilled workers aiming for permanent residency under the Employer Nomination Scheme.

Other Key Facts About Australian Work Visas

• Grace Period for Employer-Sponsored Visas: Sc 482 and Sc 494 visa holders who cease employment with their sponsor have a 180-day grace period to find a new sponsor and lodge a nomination application. This allows time to secure continued employment while maintaining visa compliance.
• Pathways to Permanent Residency: Many employer-sponsored visas, including the Sc 482 and Sc 494, can lead to permanent residency through the Sc 186 or Sc 191 pathways. The recent updates to work experience requirements enhance accessibility to PR for skilled workers.
• Work Rights and Compliance: While awaiting visa and nomination decisions, it’s crucial for visa holders to maintain lawful work rights and ensure compliance with conditions to avoid visa cancellations.

Need Expert Guidance? Heenan and Browne Can Help!

Navigating employer sponsorship visa regulations can be complex, and staying updated with the latest changes is crucial. Heenan and Browne Visa and Migration Services provide expert migration advice to ensure compliance and a smooth transition for visa holders and employers. Whether you need assistance with nomination transfers, work rights, or permanent residency pathways, our team is here to help.

Book a consultation today and get tailored advice for your migration needs!