How to Change Sponsor While Holding a Temporary Skill Shortage (TSS) (subclass 482) Visa Guide
Primary holders of the Temporary Skill Shortage (TSS) (Subclass 482) visa are permitted to change sponsors (employers) after their visa has been granted. However, they must comply with specific requirements to avoid breaching the work restrictions (condition 8607) imposed by their visa. This guide outlines the process for changing sponsors.
What are the Major Reasons for Changing Sponsors for a SC 482 Visa Holder?
There are various reasons why a TSS (Subclass 482) visa holder might want to change sponsors, including:
Receiving a better job offer from a different employer.
Termination of employment with the current sponsor.
Desire for a change in workplace or role.
If the employer doesn't follow the work rights and entitlements.
What is the Process for Changing Sponsors for TSS Visa Holders?
From the New Sponsor’s Perspective
New Nomination: The new employer must be willing to lodge a new nomination to transfer the remaining time on the primary applicant’s visa under the TSS Subclass 482 program.
Approved Sponsorship: The new sponsor must be an approved sponsor by the Department of Home Affairs.
SAF Levy Payment: The new sponsor is required to pay only one year of the Skilling Australians Fund (SAF) levy, regardless of how much time remains on the primary applicant’s visa. For instance, if the primary applicant has three years left on their 482 visa, the new sponsor will only pay for one year of the SAF levy.
Nominated Occupation
The nominated occupation must remain the same. A new visa application will be necessary if the new sponsor wishes to employ the visa holder in a different occupation. The visa holder must possess the required skills and experience for the new role to approve the visa.
For the Primary TSS SC 482 Visa Holder
Be Patient for Nomination Approval: The visa holder must wait for a favourable decision on the new nomination before starting work with the new sponsor (condition 8607).
Notice Period: If a notice period is required, the visa holder may serve it before, during, or after the new nomination's approval. If served after approval, employment with the new sponsor must commence within 60 days of the nomination's approval.
What Happens After New Nomination is Approved?
Once the new nomination is approved:
The 482 visa holder can begin working for the new sponsor.
A new nomination will be required if the visa holder wishes to return to the previous sponsor after this event.
The visa holder does not need to lodge a new 482 visa application; the remaining time on their current visa will transfer to the new sponsor. This transfer also applies to any dependents included in the visa application.
How can Agape Henry Crux Help?
Switching sponsors on a Subclass 482 visa can be a straightforward process if both the primary visa holder and the new sponsor understand the requirements and procedures involved. If you are seeking professional assistance for your switch, Agape Henry Crux can help. Our Accredited Specialists in Immigration Law specialise in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.