Your employer-sponsored visa has been granted. But did you know certain mistakes could still put your right to stay and work in Australia at risk?
Receiving an employer-sponsored visa is an important milestone. However, visa approval does not mean your immigration obligations end.
Whether you hold a Skills in Demand (Subclass 482) visa or a Skilled Employer Sponsored Regional (Subclass 494) visa, understanding your visa conditions is essential to protecting your future in Australia.
Here are seven mistakes to avoid.
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Changing Employers Without Understanding the Rules
Thinking of accepting a better job offer?
For Subclass 482 visa holders, changing employers generally requires a new employer’s nomination to be approved before commencing work with them, subject to applicable exceptions.
Leaving your sponsoring employer without understanding these requirements could create complications for your visa status.
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Staying Unemployed Beyond the Permitted Period
Losing your sponsored job does not automatically mean your visa is cancelled.
Under the rules applying to relevant Subclass 482 visa holders, you can generally spend up to 180 consecutive days away from sponsored employment, with a maximum of 365 days across the visa period.
These provisions allow eligible visa holders time to find another sponsor, explore other visa options or arrange their departure.
However, exceeding the permitted period without resolving your situation could place your visa at risk. Other subclasses may have different conditions.
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Working Outside Your Nominated Occupation
Your employer-sponsored visa is generally linked to an approved occupation.
If your employer changes your duties significantly or moves you into a different occupation, additional nomination or visa requirements may apply.
Even an internal promotion could create immigration complications if the new position falls outside your approved occupation.
Before accepting a new role, check whether the changes affect your visa conditions.
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Ignoring Changes to Your Employment Conditions
Changes to your working hours, salary, duties or employment arrangements should not be overlooked.
Sponsors have obligations to notify the Department of Home Affairs about certain changes, including employment cessation and changes to duties.
Depending on the circumstances, changes could affect sponsorship compliance or your visa arrangements.
Make sure you understand any proposed changes before agreeing to them.
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Providing Incorrect or Misleading Information
Providing false documents, inaccurate employment records or misleading information to the Department of Home Affairs can have serious consequences.
Under Australia’s migration laws, false or misleading information may provide grounds for visa cancellation, even after a visa has been granted.
Always ensure that information submitted in connection with your visa is accurate and supported by genuine evidence.
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Forgetting About Your Visa Expiry Date
Your employment contract and visa validity are not necessarily the same.
Continuing to work without a valid visa or appropriate work rights could result in serious immigration consequences.
Check your visa expiry date, work conditions and any required steps for renewal or another visa application through VEVO.
Do not assume your employer will automatically arrange your next visa.
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Assuming Your Employer Controls Your Visa
One of the biggest misconceptions among sponsored employees is that their employer can cancel their visa whenever they choose.
This is not true.
Only the Australian Government can cancel an Australian visa.
However, if your employment ends or your sponsor no longer supports your employment, this may affect your ability to meet relevant visa conditions.
You also retain workplace rights, including protections against exploitation, regardless of your migration status.
What Should You Do If Your Employer-Sponsored Visa Is at Risk?
If you are considering resigning, changing employers, accepting a different position or dealing with unexpected employment changes, seeking legal advice early can help you understand your options.
At NB Migration Law, our experienced migration lawyers assist sponsored workers with understanding their visa conditions, employer changes, sponsorship requirements and potential pathways to Australian permanent residency.
Don’t wait until your visa status becomes complicated.
Book your FREE 20-minute consultation with NB Migration Law today and get professional guidance on protecting your Australian migration journey.