Starting 1 July 2024, the Australian Government is implementing significant changes to visa conditions 8107, 8607, and 8608. These modifications align with the Government’s Migration Strategy and reflect a commitment to combating worker exploitation and boosting productivity. Here is what you need to know about these changes and how they will impact temporary migrants.
Understanding Visa Conditions 8107, 8607, and 8608
Visa conditions 8107, 8607, and 8608 are specific rules attached to certain temporary work visas in Australia. Here’s a brief overview:
Visa Condition 8107
Applies To:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
Requirements:
- Work only in the nominated occupation.
- Work only for the sponsoring employer.
- Notify the Department of Home Affairs of any employment changes within 28 days.
Visa Condition 8607
Applies To:
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
Requirements:
- Work only in the specified occupation.
- Submit a new nomination for approval if changing occupations.
- Maintain the required skill level.
Visa Condition 8608
Applies To:
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494)
Requirements:
- Live, work, and study only in designated regional areas.
- Work for the sponsoring employer or another approved regional employer.
- Report any changes in employment or address.
What’s Changing?
The key changes will benefit temporary migrants holding specific visas, making navigating the labour market easier. These changes apply to:
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage visa (subclass 482)
- Skilled Employer Sponsored Regional (provisional) visa (subclass 494
Extended Time for Transition
Previously, temporary migrants who ceased employment with their sponsoring employer had limited time to find a new sponsor or make alternative arrangements. Under the new conditions, visa holders will now have:
- Up to 180 days at a time to find a new sponsor, apply for a different visa, or arrange their departure from Australia.
- A maximum of 365 days in total across the entire visa grant period to remain without a sponsor.
This extended timeframe provides visa holders greater flexibility and stability, ensuring they can support themselves while seeking new employment opportunities.
Increased Flexibility in Employment
During these extended periods, visa holders are permitted to work for other employers, even in occupations not listed in their most recently approved sponsorship nomination. This change aims to help visa holders maintain financial stability and reduce the pressure to find a new sponsor immediately.
Conditions for Employment
While the new conditions offer greater flexibility, there are important rules to follow:
- Visa holders cannot work for another employer unless they have ceased work with their sponsoring employer, unless exempt.
- Visa holders must remain in their nominated occupation while working for their existing sponsor.
- Sponsors must notify the department within 28 days of any changes, such as cessation of sponsorship or if a visa holder resigns.
These measures ensure that visa holders comply with their visa requirements while also benefiting from increased labour mobility.
Maintaining Professional Standards
Visa holders must ensure that their work remains consistent with any necessary licences or registrations required for their nominated occupation. This includes adhering to all conditions or requirements associated with their professional practice.
Impact on Existing and Future Visa Holders
The changes apply to both existing visa holders and those granted a visa on or after 1 July 2024. It is important to note that any periods a visa holder stopped working for their sponsor before 1 July 2024 will not count towards the new time periods.
Conclusion
The upcoming changes to visa conditions 8107, 8607, and 8608 represent a significant step forward in supporting the labour market mobility of temporary migrants in Australia. The Australian Government aims to create a more supportive and productive environment for skilled workers by providing extended timeframes and increased flexibility.
For more detailed information on these visa conditions, visit the Check visa details and conditions page.
