If you’ve come to Australia under a sponsored visa—whether through the 407 Training Visa, 186 Employer Nomination Scheme, 482 Skills in Demand Visa, or the 494 Employer Sponsored Regional (Provisional) Visa—it’s natural to worry about what might happen if things go wrong with your employer. Whether you’re fired, let go, or decide to leave your job, it’s crucial to understand the impact on your visa status and what steps you need to take to stay compliant with Australian immigration laws. In this article, we will walk you through some essential information and options to consider if your employment status changes.
Understanding the Impact of Losing Your Job on Sponsored Visas
When you hold an employer-sponsored visa, your visa is usually tied to your employment with the sponsor. If you lose that job—whether through termination, mutual agreement, or leaving voluntarily—it can have significant consequences for your visa status. However, the precise effect depends on the type of visa you hold.
Let’s look at the different types of employer-sponsored visas:
The 407 Training Visa
The 407 Training Visa is typically granted for individuals who are in Australia for workplace-based training in a specific occupation. The visa is linked to the employer who is providing the training, so if you are terminated or voluntarily leave your employer, your visa status is at risk.
What Happens If You Lose Your Job?
- If you lose your job, you must find another eligible sponsor who can continue to support your training. You can also apply to switch to a different type of visa, if applicable. However, this process can be time-sensitive and technical, and it’s essential to act quickly to avoid overstaying your visa.
- If you cannot find another sponsor, your visa may be cancelled, and you will be required to leave Australia unless another visa option is available to you.
- If condition 8107 is imposed, you cannot work for another employer, and you are prevented from changing sponsor. Working for a new employer will leave you liable to visa cancellation.
- All 407 visas have condition 8102, which restricts a 407 visa holder from engaging in work other than that in relation to their course of study or training. It is very technical as to whether the work for a new sponsor other than the initial nominating sponsor may constitute a breach of this condition. This is case dependant and will depend on the type of work engaged in and the training program approved by the Minister.
The 482 Skills in Demand Visa
The 482 Skills in Demand Visa (previously known as the Temporary Skill Shortage Visa) allows employers to sponsor skilled workers to fill positions where there is a shortage of local talent. This visa is temporary but can be extended depending on the job and employer.
What Happens If You Lose Your Job?
- If you lose your job while holding a 482 Visa, you are usually granted a 180 day grace period to find another employer to sponsor you. This can be for a total of 365 days total across the visa grant period if you have multiple employer changes (post 1 July 2024 when the grace period was amended).
- You must continue working in the same occupation for which your visa was granted. If you cannot secure a new sponsor within you may become liable for visa cancellation.
- It’s also worth noting that the Department of Home Affairs is to be notified by your employer if you leave or are terminated from your position.
The 494 Employer Sponsored Regional (Provisional) Visa
The 494 Employer Sponsored Regional (Provisional) Visa is designed for skilled workers to live and work in regional Australia. This visa requires you to work for a specific employer and in a specific regional location.
What Happens If You Are Fired or Leave Your Job?
- If you are fired or leave your job while on a 494 Visa, you have 180 days to find another employer who is willing to sponsor you whilst still meeting the regional work requirements. As with the 482, this is 365 days total across employer changes that occur post 1 July 2024.
- If you do not find a new employer within this period, your visa will become liable for cancellation.
- Alternatively, you may be eligible to apply for a different visa type depending on your circumstances, but it’s crucial to explore your options with an immigration lawyer to avoid complications.
What to Do If You Lose Your Job: Key Steps
If you find yourself in the unfortunate situation of being fired or leaving your employer, it’s important to take the following steps:
Step 1: Act Quickly
- If you lose your job, you will usually have 180 days to either find a new employer who can sponsor you or apply for a new visa. The 180-day period allows you to remain in Australia legally, but you must take action fast.
- Consider seeking legal or immigration advice to understand your options and the best course of action.
Step 2: Find a New Sponsor
- In most cases, your visa will remain valid as long as you are sponsored by an eligible employer. Finding a new sponsor who can meet the requirements of your visa can help you continue living and working in Australia legally.
- It’s important to note that the new sponsor must meet the same criteria as your previous employer, including being eligible to nominate you for the visa.
Step 3: Explore Alternative Visa Options
- If finding a new sponsor is not possible, you may need to explore other visa options. These could include applying for a bridging visa, switching to a student visa, or applying for permanent residency under another pathway (such as through skilled migration).
- An immigration lawyer can help you navigate these options and help you find the best solution for your situation.
Step 4: Stay Informed About Your Rights and Responsibilities
- Whether you’ve been fired or have left your employer voluntarily, it’s important to stay informed about the conditions of your visa and your responsibilities. This includes ensuring that your visa conditions are met and that you don’t overstay your visa or breach any other requirements.
Conclusion: The Importance of Legal Guidance
Losing your job while on a sponsored visa can be a stressful and uncertain experience. However, understanding your rights and responsibilities can make all the difference in ensuring that your stay in Australia remains lawful.
If you’ve been fired or are considering leaving your employer who sponsored you, it’s crucial to seek professional advice from an immigration lawyer. They can help you understand the nuances of your visa, explore alternative options, and guide you through the process of finding a new sponsor or applying for a new visa.
How NB Migration Law Can Help:
- Visa Condition Review
We’ll assess your current visa conditions, identify potential risks, and help you understand what happens if your employment ends. If necessary, we’ll guide you through alternative visa options. - New Employer Sponsorship Assistance
If you lose your job, we can help you find a new employer willing to sponsor you, connect you with eligible employers, and assist with the employer nomination process. - Bridging Visa Applications
If you need more time to secure a new job or visa, we’ll help you apply for a Bridging Visa, allowing you to stay legally while exploring your options. - Exploring Alternative Visa Pathways
If sponsorship isn’t an option, we’ll explore other visa types for you, such as skilled migration, student visas, or family-based visas, depending on your qualifications and circumstances. - Visa Appeals and Legal Representation
If your visa is cancelled or you face deportation, we offer legal representation for visa appeals and work to help you navigate the complexities of the immigration process. - Employer Compliance and Nomination Assistance
For employers, we provide guidance on meeting sponsorship obligations and support with the nomination process for permanent residency or work visa renewals.
Get in Touch
If you’re facing challenges with your employer-sponsored visa, contact NB Migration Law today. Our experienced team is here to help you navigate your visa options and ensure a smooth path forward.