There are a number of reasons for employees to leave their employers, both voluntarily and non-voluntarily. For individuals on Temporary Skill Shortage (TSS) Subclass 482 visas, there is an additional layer of complexity due to certain visa conditions applicable.
In the backdrop of German retailer Kaufland’s withdrawal from Australia, we discuss the general implications of a TSS visa holder leaving their employment, and what options may be available to them.
What visa conditions are applicable to me?
All TSS visa holders are subject to condition 8607 which, amongst other things, requires the visa holder to:
- not cease employment for over 60 consecutive days;
- work only in a position in the nominating employer’s business (or an associated entity) – unless one of limited exempt occupations.
What happens when I leave my employer?
Once a TSS visa holder ceases employment with their sponsoring employer, the sponsoring employer has an obligation to notify the Department of Home Affairs (Department) of that individual’s cessation.
After the 60-day period, the visa holder would be in breach of condition 8607.
What happens if I breach my visa conditions?
In circumstances where an individual is in breach of their visa conditions, their visa is liable to cancellation.
Typically, when the visa holder is in Australia, the Department would first contact the individual to advise them that they are considering cancelling their visa. Where an individual is outside Australia, the Department may cancel their visa without notice.
Does this mean that I should leave Australia within 60 days of ceasing employment?
Not necessarily.
Where a TSS visa holder can find another employer that is willing to sponsor them, the new employer is able to lodge a TSS “nomination transfer” to transfer the sponsorship of their visa to their business. This would enable the visa holder to not be in breach of their visa conditions.
Where a TSS visa holder is unable to find another employer that is willing to sponsor them, they would need to either:
- depart Australia;
- apply for another visa; or
- risk breaching their visa conditions (and having their TSS visa liable for cancellation).
Although the Department do not necessarily always contact an individual immediately after the 60 days permitted by the TSS visa to arrange for cancellation, a failure to comply with visa conditions may be considered as part of future visa applications.
What other visas can I apply for?
This depends on your personal circumstances and your options can vary greatly. We recommend that you speak to a professional to assess what options may be most suitable for you. In the first instance, feel free to review our services page to read more about the available options. In certain instances, by applying for a specific visa you may be able to obtain a bridging visa which does not contain Condition 8607.
Next Steps
Hannan Tew Lawyers have advised both businesses and individuals in relation to the cessation of employment of TSS visa holders. Hannan Tew have advised businesses who have had to let staff/employees go by way of poor performance, or in situations where overseas businesses have closed their entire Australian operations and made staff redundant. Hannan Tew have also advised countless individuals who have left their former employers on visa pathways and planning. The most suitable pathway is individual and circumstance specific and you should consult with a professional about what may be the best options for you. If you’re an individual who has recently left their employer, please feel free to contact us by email at [email protected] or phone +61 3 9016 0484 for a discussion.
my visa is Tss 482 midstream , im 49year old , I have 24months working to my previous Company in Perth now Im leaving here in Melbourne Victoria , my wife is 44yrs old, my daughter is 7 and 3 . I want to apply for PR , what option would you recommend to me or any visa for me .
thanks.
Hi Ronilo,
Your age is a challenge but the easiest way to PR might be for you to find a new sponsor and work with them for 3 years at above the FWHIT.
Feel free to contact us at [email protected] to discuss your situation in more detail.
Kind regards,
Hannan Tew
Hello,
I have an inactive bridging visa A as we applied for a partner visa. My current visa is a sponsorship visa 482. Can I resign from my job and would that mean my bridging visa becomes active? I am a teacher and seek work at a school rather than an early learning centre. TIA for the advice.
82Hi Nichol,
You need to be careful as your BVA won’t come into effect until your current 482 visa ceases.
This means you still need to abide by your 482 visa conditions (like only work with your current nominator) until the the BVA comes into effect.
Hope that helps.
Kind regards,
Hannan Tew
Hello, Im on 482 stsol visa with a lodged employer sponsored PR visa.
What happens if my employment is terminated before my PR is approved? Does my 482 visa ceases? Will I still have my PR application going and will I be granted a bridging visa?
Thank you
Hi Anne,
If your employment is terminated before your PR is granted you would no longer be eligible for PR.
Your 482 visa will also be liable for cancellation if you do not find a new employer within 60 days of your cessation.
Feel free to contact us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Hi,
I am on a dependent 482 VISA and my current employer is willing to lodge my 186 DE VISA. Once this is lodged I would get BVA, with that VISA can my primary applicant of current 482 Tss leave his employer and work for any other company with 186 BVA?
Hi Garmia,
That’s right, if you are the primary applicant for the 186 DE, you and your husband will both be granted BVA’s. When his BVA comes into effect (after his TSS visa expiry) he will no longer need to remain employed with his previous sponsor. However, you will need to continue working with your employer for the 186 DE.
Feel free to contact us at [email protected] if you have any further questions.
Kind regards,
Hannan Tew
Hi, I’m on a bridging visa A waiting for my 186 to be granted, can I change my job or leave my current employer?
Thanks
Hi Daniel,
If you leave your job whilst your 186 visa is processing, you are likely no longer eligible for that visa (you must continue working with your sponsor).
Feel free to contact us at [email protected] to discuss in more detail.
Kind regards,
Hannan Tew
Hi, my 482 visa has expired last April 2023. I am currently holding bridging visa B while waiting for my PR. Can I resign from the employer who sponsored me with 482 visa and work under different employer? or am I still under their sponsorship while waiting for my PR?
Hi Joh,
If you’re BVB is in effect (not just granted) then you might no longer need to continue working for your sponsor.
Feel free to contact us at [email protected] if you’d like to clarify this.
Kind regards,
Hannan Tew
I am an 482 primary mu employment is terminated and I am on 60 days grace period.
My partner is working on my 482 dependent visa and his employer is lodging is 186DE before our grace period of 482 cessation.
Can we stay in australia can we continue working for his employer?
Will we get 186 BVA when my 482 visa is ceased?
Hi CS,
Your partner should be able to continue working for his new employer but it may be more complex for you whilst you still hold a 482 visa as a primary applicant. Your BVA will come into effect when your 482 visa ceases and that may allow you to commence work. Feel free to contact us at [email protected] to consider this in more detail.
Kind regards,
Hannan Tew
I’m currently on a 482 visa. I know I’ll be eligible for PR through ENS 186 after 2 years. My visa is forb4 years and I don’t see my employer nominating me for 186 after 2 years. So what happens if I work for 4 years? Will they try to sell me another 482? I’m confused as they’d think if I get 186 I’d leave the company.
Another question. I’ve submitted EOI for 189,190 and 491 visas for a different occupation. If by some miracle i get an invitation, how do I proceed applying new visa whilst on 482?
Hi Adam,
To your first question, it’s up to your employer whether or not they choose to sponsor you again (either another TSS visa or the ENS visa).
To your second question, you could apply for a general skilled migration visa and ovewrite your TSS visa if you get an invite.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi,
On a 482 visa. Employed for 3 years now and about to apply for PR. Got a cal saying my company no longer wishes to proceed with my PR application..
I think maybe the company is possible closing.
However the company I work for is one off many groups off business my company owns.
I am sponsored by the parent company let’s call them “x” and the group company I work for “Y” may be closing.
Can my sponsor, the main company just let me go or do they have obligations to keep me in employment as my sponsor is the main company and not the group company that may be closing?
Thanks
Hi K,
I’m sorry to hear about your situation.
The sponsor actually has no immigration obligations to keep you in employment (they do need to make a relevant notification to the Department when they have a cessation date for you).
Feel free to contact us at [email protected] if you’d ‘like to discuss further.
Kind regards,
Hannan Tew
On on a 482 visa and have one year completed in a skilled capacity and am into my 2nd year but need to return indefinitely to Ireland as my parent is unwell. Will I face a liability?
Hi Anm,
From an immigration point of view, there should not be any liability owed for ceasing employment.
Feel free to speak to us at [email protected] if you’d like to chat further.
Kind regards,
Hannan Tew
Hello,
I am a 482 visa holder. Could you tell me how the process of switching from a 482 visa to a 186 goes:
Can my employer influence my transition after two jobs? what is his role?
Do I need to take English again when switching from 482 to pR(186 visa)?
Regards,
Hi Ivan,
You can read our page about the 186 visa here, which sets out the eligibility requirements and steps on how to apply. Your employer will need to nominate you. Re English, your results are valid for three years immediately before the ENS application is lodged.
To discuss further, feel free to send an email to [email protected].
Kind regards,
Hannan Tew
Hello , good day , my two years 482 is expiring on Jun 24 , and company is no more sponsoring , I m turning 45 on April 24, what are the options I have to work in Australia , thanks
Hi Harry,
You will need to lodge a new visa before your current visa expiry to remain in Australia, which could include another TSS visa (the TSS visa does not have an age restriction, though most permanent visas do). Fe3el free to contact us at [email protected] if you’d like to discuss options.
Kind regards,
Hannan Tew
Hello,
my employer – after working for the last 3 years with him, he sponsored me and my family (from france) to come and work in australia on a 482 visa, just ended my contract in a very abusive way and i believe it to be under general protection.
worse, my partner and our 2yo daughter are on my visa who is now going to be cancelled and if i understand well we have 60 days to find a new sponsor or we will have to leave australia
is there any bridging visa or any visa we can apply for that can give us the right to work and stay in australia? i m 37 and my parter turning 33 soon and we are french. i m sending a claim to fair work for this outrageous behaviour from my employer, can this protects my current visa from being cancelled? if so how long would we have? or is there any other visa we could apply for giving us rights to stay and work in australia?
also my skills are on the 190 nominated visa (commodity trader), what are my chances to get PR? how long should it take? can i apply to this in the meantime?
we are in total distress here, please help us. thks
Hi Chris,
Sorry to hear about your situation. Broadly speaking (1) you should try and find a new visa option within the 60 days, though the Department will not necessarily cancel your visas immediately after the 60 day shas lapsed (b) your options for PR in the 190 program will depend on the State and points, but you can certainly consider this simultaneously.
Feel free to contact us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
I am on the verge of changing employer, I have got a new sponsor but they are in the process of labour market testing. What happens if I resign and sit home until the transfer of nomination comes through? Will that be a breach?
Hi Sonali,
Once you have ceased work you ordinarily have 60 days in which to find a new sponsor. You can stay home during this time, but you can’t work for any other employer.
Ideally your new nomination is approved before that 60 day period, and once it does, you can commence work with your new employer. If it doesn’t, you would technically be in breach, but pragmatically the Department is unlikely to take steps to cancel your visa if they can see a nomination transfer is being processed.
Let us know if you require our assistance, otherwise good luck!
Hannan Tew
Hi ,
I hold 482 visa short term .
I got terminated by an employer .
I make decision to went home my country .
Right now already more than 60 days ,I want to go back to Australia .
I check my visa status at Vevo it seems good and ok .
If I find new sponsorship ,can the new sponsorship able to transfer as a new sponsor ? Because the case is I already stop work more than 60 Consecutive days .
Hi Rendy,
In most cases, if you find a new nominator to take your visa on even after the 60 days has ceased, you may still be able to use your existing visa.
Feel free to contact us at [email protected] to consider this in more detail.
Kind regards,
Hannan Tew
Hello I need to go back to my county so I resign my job and I was 482 visa holder just yesterday company canceled the visa. I was chef role in 482 visa and head chef undetstand my current situation. However he needs to me work 2 more weeks. My visa has been canceled and I received email that I can stay in Australia for 60 days. Within 60 days can I still legally work?
Hi Jay,
If your visa was cancelled you’d usually be on a Bridging Visa E without work rights.
If its just a case that your employer has notified the Department of a cessation date, the situation might be different (your employer could write to the Department to advise that the situation is a different date).
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hello!
What happens to my dependent visa when i decide to change employer? Currently on 482 visa. Do I need to reapply for my dependent when the new employer take over?
Hi SST,
You generallyb do not need to lodge new visa applications (for you or your dependent) if you are lodging a nomination transfer to a new employer.
Feel free to contact us at [email protected] to discuss your specific circumstances in more detail.
Kind regards,
Hannan Tew
Hi. I am currently on a 482 visa and have my husband as a dependent. I would like to cancel my current visa, if I do so what other visa me and my husband can apply for without leaving the country? And Just to make sure that all the cost that we spend on my 482 visa will not be refunded is that correct?
Hi Elizabeth,
There are many visas you can apply for onshore depending on your particular circumstances (see here).
If you seek to stay for a short time, the most likely ones are the Visitor or Subclass 408 (COVID-pandemic stream) visas.
The cost you spent on your 482 visa is also unlikely to be refunded.
Feel free to contact one of our lawyers at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi
I had a 482 visa earlier which was cancelled voluntarily by my request offshore on January 2022. Now I wish to return and apply for 189 independent visa stream. My current score is above 65 based on the points calculator for this visa. Would I still be eligible to apply or my voluntary visa cancellation in the past going to be problematic?
Hi NC,
Assuming you requested visa cancellation for a DASP payment, it shouldn’t impact you adversely for future visa applications.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, I have the 482 visa medium term (4 years), If I change employer, does the 03-year period to apply for the PR start again from 0 or continue from where it was?
Hi Paula,
Thanks for reaching out.
If you move to a new employer, your 3 year eligibility under the Temporary Residence Transition Stream restarts. However, you can still apply for PR directly through Direct Entry (if you have a skills assessment and an overall 3 years of experience).
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Dear Hannan
Thank you for a very insightful post. I’m hoping you would be able to give guidance on my current situation.
I’m on a TSS 482 which will expire 8 January 2022. My Australian de factor partner and I will submit an application for the 820/801 partner visa within a few weeks.
I really want to leave my current employer due to workplace issues. I’m considering handing in my resignation on Friday 15 October 2020. With 30 days notice for my resignation + 60 days period by the Department (total of 90 days) this will then take me to the 13 January 2022 and past when my 482 would naturally expire.
My question is therefore: do you see any issues with me resigning before my tss expires? My concern is whether there is a bridging visa I will be granted until the 820 is processed – and whether this bridging visa would make me in breach of the original work requirements of the TSS to remain working for my sponsored employer?
Thank you in advance for your reply.
All the best,
Sam
Hi Sam,
Thanks for reaching out. Assuming you lodge your Partner visa prior to your visa expiry, those dates check out.
The main thing to look out for is that you don’t cease work for more than 60 days whilst holding a TSS visa. On 9 January you’ll move onto the BVA which will have unrestricted work rights.
Feel free to email us at [email protected] if you have any other questions.
Kind regards,
Hannan Tew
Dear Hannan,
Thank you for the useful post.
I am currently on a 482 visa (Medium Term) which expires in July 2022. I wanted to change the employer due to better career opportunities with another new employer. Furthermore, I was offered a new post with a new employer, and they had lodged a nomination for a different post. As I was advised that it will just be a nomination transfer, I had resigned from my previous employer to join the new employer. However, I got to know that I have to apply for a whole new visa, as it is for a different post after resigning. I have already submitted my new visa application, and it has been about 45 days since I have left my previous nominating employer. Given the current situation of COVID restrictions, I cannot arrange visa health assessment immediately. Due to this, it is highly unlikely that my new visa application will get finalised within the given 60-day period. I was granted a bridging visa, which will become active only after July 2022.
If my visa application does not get processed within 60 days of me ceasing employment with my previous nominating employer, does this mean I have breached condition 8607?
I would appreciate if you could advise me to regard this. Thank you.
Hi Anupama,
Yes, technically if you don’t get your new visa approved within the 60 day period you will have breached the “must not cease work” condition.
However, the standard practice is that before any cancellation the Department would write to you without a “Notice of Intention to Consider Cancellation” where you could provide an explanation as to why your visa should not be cancelled (including that you have found a new employer and delays are due to the visa process).
Feel free to email us at [email protected] if you would require specific advice.
Kind regards,
Hannan Tew
Hi i want to resign from the company and go home to my country i havent taken leave for two years.Will they pay me my leave and more if i resign.Thank u.
Hi Dylan,
Your leave entitlements depend on your contract so you should check that.
From an immigration point of view, once you cease working your employer will notify the Department and they will take steps to cancel your visa.
Feel free to contact us at [email protected] if you have specific questions.
Kind regards,
Hannan Tew
after 11 months of waiting Grant my visa last january 9, 2019 while offshore but my employer suddenly change mind saying my spot has been replaced so they can no longer hire me until now im still here i my country then i found a new employer after almost three years past do you think i can still use my visa i still have 13 months on my visa left..if ever they lodge my new nomination is there gonna be a conflict on that? Thanks
Hi Carlos,
It’s likely that your old visa from 2019 was cancelled by now (you should do a VEVO check to determine).
If not, you may be able to lodge a new nomination if you have found a new employer since you never commenced work with your last employer.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi, I hold a DAMA VISA 482 under labour agreement as a childcare worker. I am not happy with my current employer and want to transfer to another employer that just got their 482 labour agreement approved. How is the processing done? Do I need to apply for another visa or I just need to do the nomination? Kindly advise
Reply
Hi Mercy,
You should be able to transfer your employment through a new nomination application, but you should confirm with your new employers immigration provider (or book a consultation with us through here: https://www.hannantew.com.au/initial-consultation/)
Good luck,
Hannan Tew
Hi, looking for an answer re: travelling overseas while a visa is being transferred from one employer to another. I’m on a 482 and the border just opened so hoping to go home for Christmas. However, the earliest my new employer could apply for the transfer would be after labour market testing on 17 December (and I’d finish up at my current employer on that same day – planning to fly out on the 18th). Is it okay to be away while the visa is under review? I know I have 60 days to find a new employer once I resign, but can I be overseas in that time? I started on a 457 in 2017, then to a 482 in 2019 and have just renewed the 482 in October this year. Thanks!
Hi Paige,
It is okay for you to be overseas during the nomination transfer application but risky.
This is because if there are delays to processing and you are overseas, the Department could technically cancel your visa after the 60 day period.
Kind regards,
Hannan Tew
Hi, I just want to find out a few things. I am currently on 482 visa and wanting to change employers. Have worked with the current employer for 2 years and have done 1 year plus on my visa. How much notice do I need to give them before moving yo another employer?
Hi Mercy,
Your notice period is set out in your employment contract (not in your visa).
Let us know if you’d like our assistance with the visa transfer.
Kind regards,
Hannan Tew
Hey,
I’m on a 482 visa but unfortunately I was sponsored under a different profession to my qualifications / experience and I can’t get PR as soon as I’d like because my experience doesn’t count under my nominated profession.
I also wish to change employer.
What is the easiest way to get PR as quickly as possible while changing employer?
Also, is there an interim visa (maybe a student visa or something) that I could get to give myself more time than the 60 days?
Thanks,
Maurice
Hi Maurice,
The quickest way to PR after changing employer might be the Direct Entry stream of the 186 visa (as your TRT stream eligibility restarts).
You can read more about the visa here: https://www.hannantew.com.au/australian-immigration-services/employer-nomination-scheme/
If you have further questions, feel free to contact us at [email protected]
Kind regards,
Hannan Tew
Hi,
I’m an Australian Citizen, my partner is currently on 482 Visa, He wants to resign to his current Job due to irregular schedule, work location, and job description issue. We would like to know if we can apply for a partner visa 820/801 and if He will resign to his current job considering still having a 482 visa which will be expired on march 2023, . Whats the best option we can do. if He resign to his current job, and if he’ll hold a BVA visa (partner visa) and current 482 as above expiration. Can he find another job? while on this situation.
Hi Chen,
Thanks for reaching out.
Even if your partner lodges a Partner visa they will still be holding a 482 which means that they should continue working with their former employer (until the BVA comes into effect in 2023).
The best option might be to find a new employer and undertake a nomination transfer first.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi,
I had to leave my sponsored job due to mistreatment and making me do tasks that aren’t in my job description (and much more). I left at the end of November and since then have been searching for a new sponsor to hire me.
I am a graphic designer and while I’ve had job offers, none are willing or able to take over my sponsorship. I now have less than 2 weeks until my 60 day period is up. I also applied to go onto my partners 485 visa in November and still waiting for this visa to come through.
I called immigration and the lady I spoke to told me to breach my visa condition and stay in Australia after the 60 days is up. My visa would then get cancelled and I’d move onto my bridging visa (485 subsequent). This seems like the worst thing to do, I dont want to jeopardise my chance of getting PR in the future. The website clearly states you have 3 options: find new sponsor, get new visa or leave Australia. I applied for my other visa on 4th Nov so still waiting on it coming through.
Any advice or have been in similar experience? What should I do?
Thank you
Hi Charlie,
The best option may be to just wait in Australia without working until your new visa is processed, but we’ll need to consider your facts in more detail.
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi there,
I left my employer over 10 days ago (in fact over 30 days ago), yet they haven’t contacted immigration as my 482 visa status says I am still with them. This means I cannot apply for a new visa as I am technically still sponsored with them. Should I contact immigration myself? I thought it was the employers responsibilitiy. I am still in Australia.
Hi Simon,
There’s nothing stopping you from applying for a new visa (even if you are sponsored with your old employer).
An employers obligations and a visa holders obligations are different – yours is just to comply with your conditions (which among other things, currently is likely to include a condition to not cease work for more than 60 days or work for an employer that is not your sponsor). If you find a sponsor you can usually transfer over to them.
Feel free to contact us at [email protected] for further information.
Kind regards,
Hannan Tew
Dear Hannan,
Thank you for the insightful post.
My partner was on a 482 visa for last 4 years and he finished his sponsorship on 20th of November. After that we applied for a covid visa which is on a bridging visa as I have to undergo a medical examination which is not due till Feb 12 2022.
Although his employer referred him for the covid visa, now he is not willing to take him back to work as he finished his employment with them.
And it would be more than 60 days till my heath assessment date. What are the possible options we could go through at this time?
Please advise and thank you for your time.
Hi San,
We’d need to review your situation in more detail, but if there is no longer a valid TSS visa in place the sponsor might not have an obligation to employ your partner. Your partner’s current visa obligations are also likely to be different (set out on any bridging visa grant they have).
Feel free to contact us at [email protected] with further information if you’d like more specific advice.
Kind regards,
Hannan Tew
Dear Hannan, I am currently on 482 TSS but have found another employer willing to sponsor under 186 ENS. Could you let me know how soon should I be informing my current employer about this change. Should it be after the Visa nomination is approved? Technically I need to cease employment once the 186 is granted, but I also need to provide a 6 week notice to my current employer. Looking forward to your advice.
Thanks
Hi SD,
Once you have your 186 ENS visa it no longer has Condition 8607 (which was the condition about continuing work with your former employer).
From an immigration point of view, you will have no more obligations to the earlier employer. You might want to check your employment law obligations with an employment lawyer, however.
Kind regards,
Hannan Tew
Hello,
Hopefully you can help me. I was on a TSS medium stream due to expire 2024 and have left my employer. I have applied for a student visa and been granted a bridging visa A with work limitations 8607. my question is what will happen after the 60 days of having left my employer? Will I be able to work for a new employer while my student visa is awaiting grant? As my TSS visa will technically be invalid?
Hi Rayne,
Though you’ve been granted a Bridging Visa A, you technically still hold a TSS visa until it is cancelled (or the new Student visa comes into effect).
This means you don’t yet have permission to work with a new employer.
It can be complicated, so feel free to email us at [email protected] to discuss further.
Kind regards,
Hannan Tew
I am on TSS 482 visa and planning to resign on April 1st 2022 and relocate to another country. My spouse is also working here in Australia with TSS 482 Dependent visa (Unlimited work rights). Can she work till April 30th 2022 even though, I have (Primary TSS 482 applicant) left the job on April 1st 2022 because she wanted for work here till end of April 2022.
Hi Nandha,
Yes, generally speaking your visa won’t be cancelled until at least 60 days from when you cease employment.
During this time, your spouse will retain their unrestricted work rights.
Good luck,
Hannan Tew
Hi Hannan,
I am on TSS 482 visa and I find new employer who is sponsoring my visa transfer, but I want to understand some things about my notice period.
On my deputation and on deputation letter provided by my employer when I was in India saying 90 days notice period mentioned if I will put termination, I am very confuse as we know that only 30 days Australian law says to serve notice period and even market only entertain employee with 30 days notice period.
so once visa transfer completes by new employer should current employer force me to serve 90 days notice or they can force me to go back my country.
FYI -I already started visa process as current company saying only 30 days notice you need to serve if you employed in Australia kindly suggest me and guide me.
Hi Satty,
From an immigration point of view, once a new nomination is approved by a new sponsor, your visa condition is that you must only work with that new sponsor. However, the regulations hold that you can continue working with your previous sponsor to fulfil a requirement to give notice of termination of employment under industrial relations law. You therefore need to speak to an employment lawyer to review your notice period and determine whether it is valid within industrial relations law.
Sorry we can’t be of more assistance, but feel free to email us at [email protected] if you’d like us to refer you to an employment lawyer.
Kind regards,
Hannan Tew
Hi there, I am on a 482 visa which expires in July 2022. I will cease employment with my current company on 1 April 2022 and then will leave Australia permanently before the 60 day period ends (leave permanently before the end of May). I wanted to know if I would be allowed to leave and re-enter Australia on my 482 visa during the 60 day period where I am not employed (between April-May)?
Hi Katherine,
Yes, that’s right, as 482 visa holders are currently exempt from travel restrictions, you should be able to enter and exit within that 60 days of cessation period.
Just be aware that any point after that, the Department may take steps to cancel your visa.
Kind regards,
Hannan Tew
Hi there,i am on 482 visa wich expires in march 2023, i would like to go to my country and stay there for 4 months, how long i can stay at my country?
Hi Budiarta,
It depends. As TSS visas enable multiple entry to Australia, visa holders who spend periods outside Australia are not considered to have ceased employment solely because they are or have been absent from Australia. If a visa holder spends significant periods outside Australia, they and their sponsor should, however, be counselled regarding the continued need for the TSS visa and whether it is the appropriate visa for their circumstances. Provided the visa holder has not ceased employment and there are reasonable grounds for the visa holder to be regularly absent from Australia, the visa holder will not be considered to be in breach of condition 8607.
Feel free to contact us at [email protected] for more detailed advice.
Kind regards,
Hannan Tew
Hi my employement with my visa 400 employer ceased after a month.I wnrt back to my home country immediatley.I found a new employer whow sponsored me a visa 482.Will my visa.482 be affected by my 1st visa 400 which is still active until march 2024.
Hi Aldriech,
Assuming you did not breach any conditions on your 400 visa, the 482 visa will simply process and overwrite your 400 visa.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Dear Hannan
Thank you for your post. Maybe you can give guidance on my current situation.
I’m on a TSS 482 which will expire 14 Feb 2022. My partner and I submitted an application for a 482 visa 3months ago (Oct 2021).
Our bridging visa that will start on the 14th Feb (where I’ll be partner), still has the 8607 condition.
For what I understand, if I left my current employer (or they fired me), I wouldn’t be able to work for another one until my partner’s 482 visa is approved.
Is that correct?
Is it possible to ask for a waiver of the 8607 condition in this case, where I am already on a bridging visa, waiting for my partner’s visa being granted?
Thank you in advance for your reply.
All the best,
Hi Seb,
Unfortunately what you’ve outlined is correct, as your BVA will be subject to condition 8607 you are not able to work for another employer until your partner’s TSS visa is approved (after which as a dependent you would have unrestricted work rights). There are also no provisions to waive this either. Best of luck!
Kind regards,
Hannan Tew
Hello I am on a tts visa for 4 years as a mental health nurse I understand that I have a option of extending that for another 4 years once that is up . If I transfer to another job dose that mean I can’t extend for another 4 years or can I transfer as many times as I want and it will not effect the times of the visa
Hi Shaun,
Thanks for reaching out. As long as your occupation is on the MLTSSL (here) and you have an employer willing to sponsor you, you can continue to get 4 year TSS visas, including with different employers.
Feel free to get in touch with us at [email protected] if you’d like to discuss.
Kind regards,
Hannan Tew
Hi there,
Really appreciate the detail here. I am currently on a 482 visa as a Corporate General Manager (ANZSCO 111211) — for which I understand some exemptions apply (although I’m not completely clear how that works!). It is not set to expire until July 2024.
I’m currently contemplating leaving my employer and potentially taking an extended break. Ideally however, I would like to be able to stay in Australia. My partner is a citizen (imminent at least, just waiting for his ceremony) and so we have been considering applying for a partner visa. Without applying for a new job (as I am looking for a break of maybe more than 60 days) and transferring my 482, would that be possible at all? What would be the best way to get on a bridging visa with unrestricted work rights prior to a partner visa being granted? I know getting the partner visa may take a while so at some point would like flexibility in work — I just don’t necessarily want to rush it in 60 days!
Would really appreciate any insight!
Hi CT,
Thanks for reaching out.
As your husband is already a permanent resident (almost a citizen) you may already be eligible for a Partner visa.
The challenge is that you won’t get a bridging visa in your current situation until July 2024 and you still have a condition to not cease working with your employer for more than 60 days.
One work around is to move onto another visa, and then apply for a Partner visa.
Feel free to contact us at [email protected] to discuss.
Kind regards,
Hannan Tew
I’m holding TSS482 and BVA 491 not active.I am wondering to leave my current employee. Will my BVA become active when they withdraw 482 sponsorship ?
Hi Kween,
The BVA is actually attached to your new visa application (assuming it’s the 491) and comes into activation when your old visa (assuming its the 482) ceases.
Withdrawing a sponsorship can be problematic because it can lead to a visa refusal (and loss of the associated BVA).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Can a not for profit organisation become a sponsor?
Hi Daisy,
Yes, not-for-profits can become standard business sponsors.
Please email us at [email protected] if you’d like assistance.
Kind regards,
Hannan Tew
Hi,
My TSS 482 Visa long term 3 years was granted in March 2020 but I couldn’t travel to Australia due to covid lockdown. I kept working for the employer remotely till March 2022 not on an australian paycheck, but on Indian Salary as an employee of the Branch of company in India. Post that I travlled in March 2023 here and working for my employer on Australia salary. I have an overall experience of 9 years in India and currently my Visa is on SOL list. My question is, I would complete 3 years visa next year in March 2023, Can I ask my sponsor to nominate me for 186 employer nomination scheme although I have worked in Australia only a year?
Hi Kashif,
Firstly, based on your description of salary, it seems like you did not start the position until March 2022 (or if you did, you would have been underpaid according to your TSS visa) so your TRTS eligibility could not start until that date.
Secondly, if your occupation is on the STSOL (and you don’t meet an exemption here) you are not going to be eligible for the 186 visa.
Feel free to contact us at [email protected] if you’d like us to assess this in detail.
Kind regards,
Hannan Tew
Hi Hnnan,
I will be thankful for your kind response. I am here with my family on 482 visa. I want to go back for some reason but want my family to live here for next few months so they can complete their study at least till the end of this academic year. Is there any leave without pay/other option, so that I am outside of au but family can live lawfully. If is there any option then how long they can live. Thanks again.
Hi John,
Under policy, TSS visa holders on unpaid leave (e.g.: study or sabbatical leave; recreational or holiday leave without pay; sick leave without pay; maternity and/or paternity leave and/or parental/carer/personal leave), are not considered to be in breach of condition 8607 solely on the basis of this unpaid leave. This is because these visa holders may be considered to continue to be in the employ of the sponsor (although not working or receiving a salary). However, this period should not generally exceed 3 months. Just note that your employer must be clear that the period is leave without pay (and not terminate your employment).
It can be complex, so feel free to email us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi Hannan,
I am currently on a TSS 482 visa (short term) and I have applied to go onto my partners TSS 482 visa (medium term) as a dependent. This is because I need to quit my job ASAP and work for a different company. According to the gov website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times), 75% of media-stream TSS visas are approved within 3 months (with 1 month already gone for me). I am wondering if it is possible for me to quit now, without the partner visa having come through yet. Would this mean that after 60 days working my last day at my current employer, I would need to leave the country if the visa has not come through? Would it also allow me to work at a different company during the 60 days? Since I have already applied for the partner visa, I am wondering if I would be able to get onto a BVA or something similar, once my employer cancels my current visa.
Thanks,
Melaine
Hi Melaine,
Thanks reaching out. In general:
(1) You can’t actually work with a new employer until your new TSS visa is approved.
(2) You also shouldn’t cease work for your sponsor for more than 60 days whilst holding your current visa.
Given processing times can be all over the place, the best option is usually to wait until your new TSS visa is approved and then cease work with your current employer.
Feel free to contact us at [email protected] if you’d like to discuss this in more detail.
Kind regards,
Hannan Tew
Hi Hannan,
I am currently working under visa 482 and I am looking for a change of environment and pace. I have a prospective employer who is willing to sponsor me. I would like to enquire;-
1. Do I owe my current employer levy fee and sponsorship cost?
2. Will my resignation cost them a lot of money to my current employer
3. Can my prospective employer progress with nominating and applying for a new 482 visa/transfer while I still work under my current employer?
4. Can I tender my resignation when the nomination from my prospective employer is approved and the job is ready and not before that?
Thank you:)
Hi CC,
Very briefly (and generally) answering your questions:
(1) No
(2) No
(3) Yes
(4) You should wait until your nomination is approved
Feel free to contact us at [email protected] for more detailed information.
Kind regards,
Hannan Tew
Good day Hann,
Currently me and my family under 482 visa medium term
My current employer push me to work another branch and it’s too far . Me need to travel every day 100km
I am looking forward to get another employer and discussion is going on
What I need to do next .
Thank you
Hi Anto,
If you have a new sponsor the process is relatively straight forward – they simply need to lodge a new nomination and they can take over your visa.
Feel free to email us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi Hannan,
I’m currently on TSS 482 short term visa since September 2021 which is expiring in September 2023. Due to the company’s performance and financial situation, I was made redundant with my last working day being end of June 2022. I’m aware that I have 60 days before the end of my legal rights to stay in Australia (end of Aug 2022) while sourcing for another sponsor, which I have been having difficulty with. Could you please advice the best pathway to have longer time to source for sponsorship, that eventually could lead to PR application?
Thank you,
Dev
Hi Dev,
Sorry to hear about your situation.
Your options are limited in that you need to either (a) find a new sponsor (b) obtain a new visa (c) travel overseas or (d) risk cancellation and remain in Australia.
Feel free to book a consultation through here to consider your options in more detail.
Kind regards,
Hannan Tew
Hi Hannan,
I am on a 482 visa which expires in Sept 2023. I have left my employer on 1 July 2022 due to workplace issues, on the 60th day since I stopped working for my employer, I wrote to the immigration departement about the change of my circumstance. I am technically in breach of work conditions while waiting for their response. I have already submitted my application for 190 visa and was granted a bridging visa, but the bridging visa only comes into effect when my 482 expires. Is there anything I can do to have bridging visa activated sooner? Would the immigration departement cancel my 482? would the cancellation of 482 lead to cancellation of my bridging visa to 190? Could you please advise what is the best option here?
Cheers.
Shitong
Hi Shitong,
Thanks for reaching out, though I’m sorry to hear about your situation.
In general, the Department “may” take steps to cancel your visa at anytime from now to grant of the 190, though if this pops up you may be able to argue reasons as to why they should not.
Feel free to contact us at [email protected] to discuss this further (e.g. you could find a new sponsor to nominate you for the time being – but make sure you don’t breach work conditions until new nomination is approved).
Kind regards,
Hannan Tew
Hi Shitong,
I’m currently on the same situation as you mention above and very stressed due to it.
My agent has been submitted the application to cancel my 482 visa and my 190 is not yet active.
Can you please help me – what steps have you taken to get work rights or have you got 190 grant before that.
Thank you
Hi if I am on 482 visa and also applied for 190 state sponsorship (which is in progress now and bridging visa A has been granted). I know bridging visa will come into effect when 482 expires, but what happens if i leave my employer and do not do another job while 190 is being processed? thank you
Hi Farhan,
The BVA associated with a pending 190 visa application is generally issued with no conditions.
This means from the day that the your BVA comes into effect (when your 482 expires) you on longer need to be employed with your previous 482 sponsor.
Just double check that your BVA is actually issued with no conditions.
All the best,
Hannan Tew
thank you for your reply, but my question is what happens if i dont want to be with my 482 sponsor before it expires and dont want another sponsor as well while 190 is being processed
Hi Hannan,
I’m currently on TSS 482 medium term, whereas my spouse works as an dependent under the same visa. Is it possible for my spouse to apply for a 189 PR, and If granted, can I become a dependent and change my employer?
Thank you,
Avinoy
Hi Avinoy,
Yes that’s right – your wife can apply for any other visa as a primary applicant and include you as a dependent. Once a new visa is approved (including a 189) you would then be subject to the new conditions (if any). The 189 doesn’t have any work restriction so you would no longer need to be employed by your employer.
Feel free to contact us at [email protected] if you’d like our assistance.
Kind regards,
Hannan Tew
Hi Hannan,
Hope this post finds you well. I am on a 482 visa TSS and we have applied for our 189 visa already. However, the bridging visa granted says it will be active on 24th November, 2023 – which is when my current 482 TSS ends.
My query is – If I leave my current employer – Would the BVA be active earlier then 24th November next year or do I have to leave Australia since my BVA doesn’t become active till next year ?
Hi Avdhoot,
Regardless of when you leave your employer, your BVA will only come into effect from 24 November 2023.
Just be aware that up until that date you will have the condition to not cease work for your sponsor for more than 60 days.
Feel free to contact us at [email protected] if you want to discuss further.
Kind regards,
Hannan Tew
Hi there, I am currently on a 482 visa with a company I no longer work for that is valid until Dec 2023. I have a bridging visa for a partnership visa that is in processing. Is there a way to transfer from the 482 and work on the bridging visa?
Thanks
Hi Desirae,
The BVA won’t come into effect until the 482 lapses (after December 2023) and there is no way to “transfer” onto it before then.
Be careful to ensure you comply with any 482 visa conditions before then – if you no longer work for your 482 company you may be in breach of the “must not cease work” condition and would not ordinarily have permission to work for any other employer. Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi Hannan,
Thank you so much for such a helpful post!
Hope you can help me with this one: I am on a short term 482 and I am leaving the country in 2 months time. Would it take the immigration 60 days after my last working day to cancel my visa?
I am going to another country two weeks after dropping my job here and it is very likely that they will check my sponsorship status in Australia. Ideally, It would be interesting to have the status still active for when I get there.
Would you be able to confirm me if the immigration always waits until the 60 day mark to cancel your visa?!
Thank you so much!
Hi Beatrice,
Immigration does not usually cancel visas straight away, it’s just that they can cancel after 60 days (we’ve seen things not cancelled after 12 months!).
If you need it cancelled straightaway, you can do so through your ImmiAccount.
Good luck with the new move!
Kind regards,
Hannan Tew
Hi Hannan,
Thank you for the post.
I have a small query where I need your help and guidance.
I am on 482 visa and I want to change my job.
Other company is going to transfer my sponsorship.
My query : As per my contract my current organization mentioned if I leave them than I have to pay legal, travel and accomodation fees.
Is this right that I have to pay them now?
If yes, can it be in installments (12 months)
If no then why they are pushing this everytime that I have to pay levy fees if I leave them.
Regards
AJ
Hi AJ,
Most of those fees your organisation has asked you to pay back can not legally be claimed back from you.
If you want detailed advice, feel free to contact us at [email protected].
Kind regards,
Hannan Tew
Hi Hannan,
My 2 years of 482 visa are finishing in a few months. If my employer decided to not renew my visa, would they have to do a redundancy or lawful dismissal? Or are they entitled to finish my employment unilaterally?
Regards,
Juan
Hi Juan,
The employer has no obligation to extend your visa, but the termination is subject to workplace laws and your contract.
If they do not extend your visa, it is up to you to consider other visa options.
Feel free to contact us at [email protected] to discuss.
Kind regards,
Hannan Tew
Hi Hannan,
I have a question. We have recently arrived on a short term TSS482 visa for two years. My husband and children are on it as dependents however my husband is only able to find work which is 4 hours away from where my job and sponsor are located. They have no offices closer than three hours from my husbands work. This would mean my husband having to work away from home Monday to Friday which is not ideal for us as a family and had we known this we would not have come on this type of visa. I would like to know what options we have to change visa in the shortest possible time to allow for my husband to be working away from home for as little time as possible. My husbands job would bring in as much higher salary than mine and therefore he would need to take the job in order for us to afford childcare and accomodation and other living costs. Hence we would need to move to where his job is based. What would be the best way round our current situation?
Thank you
Cat
Hi Cat,
At first glance, you could either (a) ask your nominator if you can change work locations and notify the Department or (b) have your husband be sponsored by his employer (and you can be a dependent).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi Hannan,
Thanks for your reply. I have managed to find a sponsor to take over my visa in a location where my husband works and am aware this could take some time to process. My employer doesn’t know I am looking to go down this route. However my employer has suddenly issued me with a letter constituting a clause in my contract to ask for any visa fees, flight costs to bring us over, relocation bonus and all my qualification conversion costs to work as a professional over here to be paid back should I resign within 24 months of starting. None of these fees were mentioned in my contract that I signed to say I was liable to pay them back. I’m not sure where I stand legally on this. Should I not sign the paperwork and take it up with HR?
Please advise.
Thank you
Hi Cat,
In general, sponsors have an obligation not to recover costs (see here).
Feel free to contact us at [email protected] if you want formal legal advice about your circumstances.
Kind regards,
Hannan Tew
Hello Hannah,
thank you for your useful post. I’m currently holding a 482 short-term visa expiring on 26th Nov 2023. In August this year, I ceased relationships with my previous workplace, and I’ve tried to find a new sponsorship nonstop with no success, it’s been more than 90 days and I haven’t gotten any notification from the government that I’m breaching my visa nor cancelation, I’ve checked every day on my VEVO account and the visa is still In Effect. However, my partner and I after 2 years of relationship decided to apply for a partner 820 visa in June this year, that process is currently in Further Assessment. Should I keep looking for a new sponsorship to take over my visa, or inform the government my circumstances changed and apply for a work rights waiver whilst my 820 visa application is been assessed?
Thank you so much for your help,
Kind Regards.
Hi Sebastian,
The Department can actually consider cancelling your 482 visa once you’ve stopped working with your sponsor for more than 60 days.
This doesn’t mean they will cancel your visa, as you can try and demonstrate mitigating factors (e.g. like being in a relationship).
The most appropriate thing for you is actually to find a new sponsor to reduce your risk of any issues, but feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi what if i asked employer to withdraw 186 DE visa and i submit also withdrawal form as i lodge 189 visa. And I was granted 186 visa . What will happen. My employer and me had lodge a complaint. Will it effect 189 grant. I was on 482 visa before. Will i stay on 186
Hi Raji,
In general, it’s likely not problematic as long as you intend to remain with your 186 nominator for the next 2 years.
However, if you don’t, then depending on your intention prior to 186 visa grant, your employer might complain to the Department that you did not have an intention to remain with him for 2 years. Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
I am currently holding a 482 visa, but have left my position.
There’s an agreement between me and my employer that has put me on unpaid leave to avoid reporting to the government about my unemployment.
Ever since I received an invitation from the Victorian government for the 190 Visa, and in the process of gathering documents and lodgment.
My questions are:
When 190 is lodged, does the bridging visa activate on its own after 60 days of unemployment, Or is it required to have a separate application for it? (given that I will ask my employer to report the end of my contract to the government)
If I go on the bridging visa linking the 482 to 190, do I receive full work rights with no restrictions, such as the requirement to have a sponsor?
Hi Oliver,
The bridging visa related to your 190 visa will only come into effect when your pending 482 visa ceases (not just 60 days after you cease employment).
Whilst on your 482 visa you will need to continue complying with 482 visa conditions (including not working for any non-sponsor).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi, i’m having a Visa 482 that will cease on June 2026 but I’d like to leave my employer, can I apply for visa 190? in that case, if i got a bridging visa it’ll be available from June 2026?
In that case, should i change to a student visa in the meanwhile to be able to stay in Australia but being able to work remotely for abroad companies, while applying to a Visa 190? If i leave my current work changing my visa to a student one, will that cancel my visa making my application to the 190 unvalid?
Thanks
Hi Nicolas,
Your BVA won’t come into effect until your previous visa ceases so you would have to comply with existing 482 visa conditions until (a) your 190 is approved or if it is still processing (b) your 482 expires.
It’s up to you whether you change to a different visa prior to lodging the 190 visa – feel free to contact us at [email protected] if you’d like us to assess your options.
Kind regards,
Hannan Tew
Hi I hope you can help me on my situation.
I am currently on a 482 visa and have submitted my resignation. I have another job offer from a new employer. I also applied for NSW 190 and will have the bridging visa A active after my working visa expires on the 23rd of November 2023.
I need advise on the following :
1. Can i work for my new employer after my current employer cancel my visa?
2. Can I work with my new employer full time while on my bridging visa A?
3. Will my change of employment affect my NSW 190 application?
Hoping you can help me on my situation and would like to consult further if needed.
Hoping for your immediate response.
Thank you.
Hi Mary, In short:
1. your Bridging Visa A would have unrestricted work rights, but won’t come into effect until 23 November 2023;
2. until then you must only work with your current employer (to work with a new employer you would need a new employer to nominate you);
3. if you cease work for more than 60 days the Department can cancel your TSS visa (but may not);
4. your change of employment might impact your NSW 190 application depending on whether employment was a requirement.
Kind regards,
Hannan Tew
Hi Mary, in short:
(1) your Bridging Visa A would have unrestricted work rights, but won’t come into effect until 23 November 2023;
(2) until then you must only work with your current employer (to work with a new employer you would need a new employer to nominate you);
(3) if you cease work for more than 60 days the Department can cancel your TSS visa (but may not);
(4) your change of employment might impact your NSW 190 application depending on whether employment was a requirement.
Kind regards,
Hannan Tew
Hi team, I need your help as I am receiving different answers from everyone. Previously, I was on a 485 visa which expired on 10/08/2022, but I obtained a 482 TSS visa on 15/07/2022, which is valid until 15/07/2026. Unfortunately, I was made redundant on 10/03/2022 due to economic changes in the financial markets. Could you please advise me on whether I am eligible to apply for a COVID visa if I have an offer letter from an Australian company and can commence working for them?
Hi Ajay,
Unfortunately you can’t apply for the 408 (COVID-19 pandemic stream) visa until you have less than 90 days remaining on your current visa period.
Feel free to contact us at [email protected] to discuss options.
Kind regards,
Hannan Tew
Hello Team, I would like to understand more as I might have similar situation and want to prepare myself to avoid 60 days breach. Which visa we can apply till we get another sponsorship.
Hi MSharad,
There are a number of visas to consider, though the simplest is usually to find a new sponsor to employ you and submit a TSS nomination transfer application.
You can also refer to other visa options here.
Feel free to reach out to us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hello Hann,
I’m currently on 482 medium term, which is valid until May 2025. Due to not much work coming up in the company I lost my employment on FEB 2023.
I have recently invited by WA and nomination approved and submitted my docs in immi. As my 482 is still valid and I received my bridging visa as inactive and will be active after May.2025.
The 60days to inform immigration about my situation is ending on 25.April.2023.
My agent notified Immigration regarding the situation what I’m in, will I get bridging visa active with work rights or not?
What are the best option in my situation? Could you please help.
I have other employment offers but they are not willing to sponsor.
I am very stressed as it’s been 6 plus years in Australia and having 3 years work experience and being in this situation.
Hi Bhanu,
Thanks for reaching out, though I’m sorry to hear about your situation.
Base don your notes, your Bridging Visa A will not come into effect until May 2025 so the best options are to find another sponsor or simply wait until the 190 is approved.
Feel free to contact us at [email protected] if you’d like to discuss.
Kind regards,
Hannan tew
good day,
i am currently working as a chef. i am holding a visa 400,i want to quit to my job due to the scheduling of the job, location (kalgoorlie) ,and some personal reason. can you advice me:
1.what reason should i tell to may employer and upon giving my resignation letter how long is the effectiveness of the letter?
2.they shoulder all the payments for my airfare and visa expenses, do I need to pay it again to my employer?
3.Do my employer have the rights to hold me even i only work to them for a month?
4.Can i comeback to my country immediately after the resignation letter has beennapproved?
many thanks hope you can assist me in this situation
Best Regards,
C Brul
Hi Clark,
Thanks for reaching out.
There’s a few things to unpack there so please contact us at [email protected] to discuss further.
Kind regards,
Hannan tew
I am currently on a 482 visa. I wish to leave and apply for a working holiday visa and come back roughly 2 weeks later. Can I cancel my 482 once I leave, then apply for a WHV once out of country?
I am worried the 482 will stay active for the 60 days and I won’t be able to apply for a WHV
Any advice appreciated
Hi Stephen,
You can simply apply for a WHV when you are overseas. Once approved, it would simply overwrite your 482 visa. The Department may write to you to confirm that you do in fact want the WHV to replace your 482 visa.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
I am currently on a 482 VISA short term stream and have lodged an application for a VISA 190 and waiting for that to be approved, I plan to fly overseas for a holiday in August to September which is normal and allowed for my 482. However, what would happen should I resign in August while I am overseas or if my company closes business while I am overseas which would leave me unemployed?
Would my 482 VISA still be active for 60 days and would I be able to travel back to Australia or would my 482 be immediately cancelled because I am offshore?
Also, how would it affect my VISA 190 application?
Hi Bren,
The short answer is tha tyour 482 will not be cancelled automatically if you are overseas within teh 60 day period from cesssation, but can be automatically cancelled if you are overseas after that 60 day period from cessation.
Feel free to contact us at [email protected] to discuss this further. S
Kind regards,
Hannan Tew
Hi, I have question. I am currently on 482 visa for 3 almost 4 years already. Because of some situation I want to apply permanent residency through 189 or 190 visa.
My question is, if I already get my bridging visa for my 189/190 visa, can I leave my employer who sponsored me? Or I need to wait until my 189/190 visa granted to leave my employer?
Thank you
Hi Sarah,
Whilst the bridging visa has been granted, it usually won’t come into effect until your 482 visa expires.
Whilst your 482 visa is still in effect, you will need to comply with all visa conditions (including the condition to continue employment with your sponsor).
Feel free to reach out at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi!
I am under 482 Visa and it will expire on August next year. I have already lodged my 190 Visa. Will it be possible for me to resign already and apply to a new employer or should I wait for the grant of the 190 Visa? Thank you very much!
Hi Paul,
Whilst a bridging is likely to have been granted with your 190 visa application, it usually won’t come into effect until your 482 visa expires.
Whilst your 482 visa is still in effect, you will need to comply with all visa conditions (including the condition to continue employment with your sponsor).
This means in most cases you will need to wait until your 190 is approved before changing employer.
Feel free to contact us at [email protected] to discuss this further.
Kind regards,
Hannan Tew
Hi,
I’m currently on a 482 visa but I’m seriously considering different avenues as my employer is not living up to expectations.
Is there another way to PR without having to do my full 2 years with my employer? As in could I apply for PR without having to find another employee nominated sponsor?
Or would it be best to find another company willing to take over my sponsorship?
Any help would be greatly appreciated.
Thanks
Hi Alex,
You can consider a number of options to permanent residence including, but not limited to: (a) Direct Entry permanent residence (needs a sponsor but no duration with the employer on a TSS visa) (b) Global Talent Independent program (needs a nominator) or (c) the general skilled migration (no sponsor required, but you do need a skills assessment).
Feel free to contact us at [email protected] to discuss your circumstance in more detail.
Kind regards,
Hannan Tew
Hi Hennan tew lawyers ,
Appreciate your service.
I have few questions , if under 482
1. If employer send a mail that say terminated and no any letter is it valid ? Also how Home affirms know that ? Anyone will inform me my 60 days already triggered ? How would I get to know 60 days grace period?
2. How do I know my previous employer pulled the nomination as I don’t have any contact with them ?
3. New employer still pending SBS and veining processed. So still nee employer cannot apply for my nomination, what isyour suggestion?
4. I am age 47 under 482 , spouse dependent and 37 years and ECT ceet3 but unable to get 7788. Any PR option ? Kids 26,13,12 school in Sydney
Hi Mohamed,
In general, the Department will know when you have breached your visa condition because your employer has an obligation to notify the Department of your cessation.
Feel free to contact us at [email protected] to discuss your particular circumstances and other visa options.
Kind regards,
Hannan Tew
Hi Hennan,
I’m on 482 visa now, and I also lodged 491 visa.
If I resign, will the 482 visa cancellation affect my 491 visa to be granted?
PS. Employment isn’t required for my 491 visa.
Thanks in advance!
Hi Lu,
If you are still in Australia, the 4832 won’t automatically be cancelled for visa breach (the Department will usually write to you to determine whether to cancel). At this stage you might provide evidence of your 491 to avoid cacellation, but we generally do not recommend you breach any visa conditions in the first place. That is, you should continue complying with your 482 visa conditions until a decision is made on yoru 491 visa. It can be complex, so feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi Hennan,
Do 482 visa holders have 60 days or 6 months now to look for a new sponsor?
Do you know from when will 6 month reset time be effective?
Thanks in advance!
Hi Lu,
As it stands, 482 visa holders have 60 days in which to find a new sponsor (or breach their visa conditions).
Although not certain, changes are expected from later this year regarding a longer time period.
Kind regards,
Hannan Tew
Hi Hennan Tew Lawyers ,
I really appreciate your service! Hats off to you!
Currently, I am the primary applicant on 482 subclass. And my spouse, as primary applicant, has lodged application for 189 subclass.
So, if my spouse doesnt get PR grant for 189 before my 482 is expired, then I understand, we both will get the bridging visa A active.
Will we both be having the full work rights with no obligations from my current employers and can I change m current employer while being on Bridging visa A?
Hi Soni,
By lodging 189 applications, both you and your wife have been granted Bridging Visa A’s with no work limitations.
When your BVA comes into effect (when your 482 visa expires) you should then move onto this BVA with no work limitation.
Feel free to contact us at [email protected] if you’d like to discuss further.
Kind regards,
Hannan Tew
Hi Hannan,
I hold 482 skill shortage sponcered visa with my current employer valid till September 2024 while I lodged my NSW 190 PR (post invitation) on 16 Jan awaiting grant on it. My employer has asked me to continue to work from India or resign if I want to stay back in Australia, if I travel to India and Continue to work for my employer does that impact my 190 PR application in any manner due to change in location form onshore to offshore? If I resign and continue to stay can I request department myself to cancel my 482 visa even before 60 days and does that mean my bridge visa A will be active whenever my 482 is cancelled and I can continue to find employment and work on my bridge visa A? In case I find another sponcer on 482 itself and this employer is ready to sponsor me on the same 482 visa issued by my previous employer and apply for an amendment on visa sponsorship, this means two applications PR as well as 482 amendment with DHA for me at the same time, does this impacts my PR application in any manner? Kindly suggest. Thankyou
Hi Pratik
There’s quite a few questions there to unpack, so feel free to send us an email at [email protected] to discuss further.
Kind regards,
Hannan Tew
What are the general implications for a TSS visa holder when they leave their employer?
Hi Telkom,
The general considerations are set out in this article, but feel free to contact us at [email protected] if you have specific questions.
Kind regards,
Hannan Tew
Hi.
I have been fully sponsored under a 482 visa and in my contract there is a clause that states if I leave my job sooner than 2 years I will be liable to pay back travel costs, relocation allowance and settling in allowance, however per the immi site it’s states that the employee should pay and assume all costs. Will my company be able to claim these costs back from me?
Thank you
Hi tehre,
Generallly speaking, the sponsorship obligations prohibit the recovery of pre-agreed costs that are related to attracting a potential primary sponsored person, such as paying for airfares to Australia, visa application costs and moving assistance (even if there is a contract that stiuplates otherwise). You may also be eligible to receive travel costs to depart Australia. You might want to raise the sponsorship obligations directly with your sponsor in the first instance.
Feel free to contact us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Hi Hannan,
Me (29yo) and my partner(23) came over to Aus approx 6 months ago on a TSS 482 visa (2 years) from the UK. I no longer wish to work for my sponsor for various reasons, however, I also do not wish to be sponsored by anybody else. We was hoping to stay in Aus for another 12 months and so I can work on a casual bases. Are there visas that we could apply for to remain in aus for another year or so with working rights? I believe a working holiday Visa would have been ideal, however you have to apply from out of Australia. Could an application for it be as simple as us going on holiday to let’s say Bali and apply whilst we are there? If not what other visas would we be legible to apply for?
Thanks so much in advance!
Hi Drit,
There’s many visas you could apply for (including the Working Holiday visa from offshore) and you can veiw available options here. In terms of onshore options, you’d most likely want to consider the general skilled migration program (see here).
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
I currently hold 482 VISA which is valid till 24th of September, 2024. It’s been more than 60 days I have ceased employment with my employer. I found 2 new employers but immigration refused their nomination application for some reasons. I applied for a new employer and they are currently doing the LMT process and will lodge nomination application in November, 2023. I have informed immigration of the whole thing and how I have exceeded 60 days of limit.
But I haven’t heard back from them which I think is good.
Now I want to travel to my home country and come back to Australia in December.
Is it possible or is it a good idea to travel at this point? As I do have a valid visa but will there be a problem on my arrival in Australia?
Hi Prabhleen,
In short, once you cease employment, you have 60 days to either find a new employer to take over the sponsorship of your visa, leave the country, or be in breach of your visa conditions (which makes your visa liable to be cancelled). In our experience, the Department generally do not usually cancel visas within this 60-day period. If the new nomination transfer is lodged in November (before your travel), the Department would note that you’ve found a new employer and generally would not take steps to cancel your visa. Nomination transfers are also afforded priority and processed quite quickly (1-2 weeks). The minor risk – is that if the nomination transfer is not approved, and you travel overseas – technically the Department can cancel your TSS visa without notice to you. If you’re in this position, you may wish to run VEVO checks while overseas to ensure that your visa is still valid.
Kind regards,
Hannan Tew
Hi, I am on 482 visa and valid till 10 Nov. 2025, Currently I got layoff by my client on 7th July and company extended to stay there 25th July 2023 and my employer sponsor sent back to home country on 26 July 2023, can I able to travel or not because my visa still valid and when I checked on Vevo also visa is look ok and seems good. Thanks.
Hi Kishor,
In general, if your employment ceased on 25 July 2023, your visa conditions are not breached for a further 60 days and you can travel to Australia within that period.
However, your specific circumstances could impact whether this is appropriate, so feel free to email us at [email protected] if you’d like to discuss this further.
Kind regards,
Hannan Tew
Hello I am on 482 Visa, If I submit EOI for 189 or 190 Visa and then quit my job for that employer, Will I get bridging visa until I get nomination from either 189 or 190 and can work with any other employer ?
Hi Zeeshan,
Your Bridging Visa A won’t come into effect until the 482 visa expires, so in most cases you won’t be able to work for another employer until the expiry date, or a nomination transfer, or an approved 189 / 190. Feel free to contact us at [email protected] to discuss your specific circumstances in more detail.
Kind regards,
Hannan Tew
Hi, I am on visa 482 with my family (wife and tow kids). I am planning to leave Australia and stop working for the employer here in Australia. The TSS 482 visa will expire in 2026 for me and for my family members. My oldest daughter (nearly 18) would like to stay in Australia and finish her year 12 in the college and just wish to stay a bit longer (4-6 months) before her university starts in our home country. Actually the question is if the dependent family member lose the visa TSS482 rights once the primary visa holder cease the employment with the sponsor and does no longer hold the visa 482. My daughter does not have any special conditions on her VEVO apart from maintaining health insurance. Thank you for bringing some light to my case.
Hi Radek,
If your visa is cancelled because of a cessation of employment, your dependent visa holders will also usually have their visas cancelled (including your daughter).
To get more specific advice, feel free to contact us at [email protected].
Kind regards,
Hannan Tew
Hi, Im on a 482 visa valid till May 24 but I resigned from my job on July 28th. Since the 60 days grace period has finished, I applied for a tourist visa to extend my time here before the 60 days finished so I received a Bridging visa which is currently inactive.
Does this mean I am fine to remain legally in Australia while the government make a decision on my application?
I am still actively looking for a job but it has been hard so just want to make I followed the right steps to avoid any migration issues in the future.
Thanks
Hi Caro,
Even if you have applied for a new visa, you have technically breached your condition after the 60 day period has ended. However, whether the Department will cancel your visa is not mandatory and things like applying for another visa within the time period are looked at when considering cancellation. This area can be complex, so feel free to contact us at [email protected] if you’d like to discuss in more detail.
Kind regards,
Hannan Tew
Hi, I am working in Melbourne on the 482-Medium Term Visa. My company is sending me back to my home country citing no project opportunities in Australia.
My question is will my Visa be canceled in this case? Technically, it will be valid until mid-June 2024. But if I am not in Australia but am working for the same employer elsewhere, will my Australian work Visa still be canceled?
Hi Prasad,
Yes, your employer is obligated to notify the Department that you are no longer working with the Australian entity (within 28 days of your empoyment cessation).
The Department will then take steps to cancel your visa (which will happen automatically if you are offshore).
Feel free to contact us at [email protected] if you want to explore other visa options.
Kind regards,
Hannan Tew
Hey there. My employee ceased my employment (482 visa) before Christmas and therefore started the 60 days countdown. Is there any way to extend this? I am currently interviewing to obtain myself a new sponsor.
Thanks!
Hi Charlie,
There’s no way to extend the 60 day period, but basically from day 61 your visa is at risk of cancellation.
You should make a decision on whether to remain in Australia or depart after speaking to an immigration professional about your specific circumstances.
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi ,
I hold 482 visa medium term. My job got terminated and I’m still within the 60 days grace period but so far i can’t find a sponsorship. What is the right visa in my situation I should apply for to stay in Australia for a longer time in case I didn’t find a sponsor within 60 days? Please advise.
Thank you
Hi Michel,
In short, you should make a decision on whether to remain in Australia or depart after speaking to an immigration professional about your specific circumstances. At any time after day 60 the Department may take steps to cancel your visa, but depending on your circumstances, you might consider remaining in Australia by applying for another visa, or seeking a new sponsor.
Feel free to contact us at [email protected] to discuss further.
Kind regards,
Hannan Tew
Hi,
I am a 482 visa holder. My employment has been terminating on me on March 12th. And company gave me a notice period for 4weeks.I only work here for 5 months. Company saying since there have no work on their timeline so far to assign and they align that with my probation period and terminated me saying unsuccessful probation.
Could you please advise me what I can do next? can I apply bridging visa to me and my spouse and which type I should apply
Hi Prema,
Sorry to hear about your situation.
Broadly speaking, from an immigration point of view you have 60 days fromdate of cessation to (a) find a new visa (b) transfer your nomination or (c) leave the country. There may also be unlawful termination considerations outside of immigration (but you would need to speak to am employment lawyer). To discuss your immigration aspects, feel free to email us at [email protected]
Kind regards,
Hannan Tew