Question 1

I am on a subclass 482 visa but I am not happy in my role and want to change my employer

Accepted Answer

Your 482 visa has Condition 8607 attached to it which requires that you work for the employer which nominated you.

In order to change employers, your prospective employer will need to lodge a new 482 nomination application for you. Your prospective employer will also need to have a valid sponsorship approval or application in place before they can lodge a nomination application for you.

You cannot commence working with your prospective employer until the new nomination application has been approved.

If you begin working for your new employer before the nomination application is approved, the Department of Home Affairs can cancel your 482 visa for breaching Condition 8607.

Question 2

I am on a subclass 482 visa but my sponsoring employer has made me redundant.

Accepted Answer

Condition 8607 also requires that you do not cease employment for more than 60 days.

You will need to find a new employer to nominate you. The new employer will need to have (or apply for) a Standard Business sponsorship and lodge a nomination application for you.

If you cease employment for more than 60 days, the Department of Home Affairs can cancel your 482 visa for breaching Condition 8607.

Question 3

I am currently on a 482 visa in the short-term stream but I had a 457 visa on 18 April 2017. Can I still apply for permanent residency?

Accepted Answer

• The Federal Government introduced sweeping changes to the skilled visa program in 2017 and 2018. However, they also introduced transitional arrangements to ensure people who were already pursuing a permanent pathway were not disadvantaged.These transitional arrangements apply to the following cohorts:Those who held a 457 visa on or before 18 April 2017 and continue to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application 
 • Those who lodged a subclass 457 visa application on or before 18 April 2017 which was subsequently granted and continue to hold this visa or a 457 visa/TSS visa/related bridging visa at time of application.
 • If the above is applicable to you, you can access the transitional arrangements for Employer Nomination Scheme (subclass 186) (Temporary Residence Transition Stream) visa applications:occupation list requirements will not apply
 • the age requirement will remain at less than 50 years of age with existing age exemptions still available, and
 • the minimum period an applicant is required to have been employed as the holder of a subclass 457 or TSS visa will remain at two years
You do not have to hold the same 457 visa or be working for the same employer to access the transitional arrangements.

You can since have been granted a subsequent 457/TSS visa and/or been re-nominated by a different employer.

As long as you held or applied for a 457 visa on 18 April 2017, you can access the transitional arrangements.

Question 4

I want to apply for the 494 visa but I don’t know if my employer’s business is considered a regional business.

Accepted Answer

One of the primary requirements for a 494 visa is that your sponsoring employer has to be located in a ‘designated regional area’.

Most locations of Australia outside major cities (Sydney, Melbourne and Brisbane) are classed as designated regional areas for migration purposes.

Question 5

How can I verify the work rights of a foreign worker in Australia?

Accepted Answer

If you’re considering hiring a foreign worker in Australia, verifying their work rights before offering them a job is essential. The employer must ensure their employees have the legal right to work in Australia.

As an employer or individual, you can check the work rights of a non-citizen in Australia by accessing the Department of Home Affairs’ Visa Entitlement Verification Online (VEVO) system.

VEVO will tell you the visa holder’s visa start date and expiry date, as well as whether the person is NOT allowed to work or whether there are work restrictions on their visa.

It is important to note that even if the visa holder has work rights in Australia, there may be restrictions on the amount and type of work they can undertake.

Welcome to Dojo Legal's Frequently Asked Questions (FAQ) page! Whether you're a business, an individual seeking legal advice, or just curious about our services, we've compiled the most common questions to help guide you.

Are your questions not answered here? Do not hesitate to contact us!