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I’ve left my employer, what does this mean for my TSS visa?

By January 26, 2020August 2nd, 20206 Comments

australian resident visa

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.

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.

THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION.
Jordan Tew

Author Jordan Tew

Jordan is one of less than 50 lawyers who are Accredited Specialists in Immigration Law by the Law Institute of Victoria, and less than 100 nationally. Accredited Specialists undergo a vigorous assessment process, and make up about 1% of all registered migration agents.

More posts by Jordan Tew

Join the discussion 6 Comments

  • ronilo villsarosa says:

    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.

    • admin says:

      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

  • Sonali Vaidya says:

    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?

    • admin says:

      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

  • Jay says:

    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?

    • admin says:

      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

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