Visa conditions are requirements that visa holders must comply with while in Australia. For certain skilled visas, the following conditions are particularly important:

All these conditions generally require the visa holder to work only for a particular sponsor and in a particular position or occupation.

Previously, visa holders who wished to change employers needed to wait for a new nomination to be approved before starting work for another sponsor. They had a 90-day period to secure this new nomination.

However, recent changes means visa holders now have up to 180 days at a time, or a maximum of 365 days in total across the entire visa grant period, to find a new sponsor or make alternative arrangements.

Additionally, during the period after ceasing work with their sponsor, visa holders can now work for other employers, including in occupations not listed in their most recently approved sponsorship nomination.

These changes offer significantly more flexibility compared to the old rules and apply not only to new visas granted from 1 July 2024, but also to existing visa holders.

Visa holders benefit from:

• Reduced power imbalance with sponsoring employers
• Ability to support themselves while seeking a new sponsor
• Less financial stress during transition periods
• Reduced risk to visa status when changing jobs
• Increased ability to respond to job market shifts

However, visa holders must still comply with any licensing or registration requirements for their work, and they cannot work for another employer unless they have ceased work with their sponsoring employer. While visa holders are working for their sponsoring employer, they must continue to work in their nominated occupation.

Visa holders have more options and time to find new positions, meaning employers could face increased competition for skilled workers and may need to consider offering more attractive salaries, benefits, and working conditions.

Other potential consequences

While the full impact of the changes to visa conditions is yet to be seen, several potential unintended consequences may be on the horizon, including:

• Potential exploitation of the grace period: During the 180-day period, sponsors may not have formal sponsorship obligations towards the visa holder. This arrangement could be used to avoid commitments to workers.
  
  
• Potential impact on permanent residency pathways: The 180-day period may have unforeseen effects on visa holders' pathways to permanent residency. The relationship between time worked during this period and eligibility criteria for permanent residency remains unclear and could vary based on individual circumstances.
  
  
• Additional verification burden for new sponsoring employers: Employers must ensure that new hires have actually ceased employment with their previous sponsoring employer. This adds an extra layer of due diligence for businesses hiring skilled migrants.

Abacus Visa specialises in navigating these intricate visa matters. Whether you're a visa holder concerned about your rights and obligations, or an employer looking to ensure compliance, we can provide tailored advice to help you understand and adapt to these changes effectively.

Further details about visa conditions can also be found on the Department of Home Affair's website.