Consequences of leaving your sponsor during a 482 visa
Estimated reading time: 5 minutes
There is a systematic procedure while migrating to Australia which you must know. Also, each step has a unique requirement that you must fulfil. There are certain visas where you need the help of a sponsor. Like the subclass visa 482, where there is a need for a sponsor. Thus, you must know everything relating to this visa to be completely aware of any circumstances. Therefore, one of the most important factors is the consequences of leaving your sponsor. This article written by a migration agent Sydney will tell you about the consequences of leaving your sponsor for a 482 visa. Along with that, you will also get to know the conditions, costs, employee rights for this visa.
Table of Contents
Conditions of 482 visa subclass
These temporary skill shortage visas are for those who have a sponsorship. For the fulfilment of these conditions you have certain eligibility, some common eligibilities are:
- You must have a sponsorship from a sponsor having government recognition.
- Have the necessary skills for the job.
- Comply with the English language standards.
Short-term stream
With this visa, the employer brings a non-Australian worker after showing the shortage of profound worker. Thus, this is applicable when the employer can’t have an Australian worker. For getting the visa, the occupation should be on the short-term skilled occupation list.
There is a tenure of 2 years or 4 years (if ITO, International Trade Obligation, applies to it). The worker’s Hong Kong can stay up to 5 years. It costs AUD 1265$. Also, the process takes time about 9 months to 10 months.
Medium-term stream
This visa allows to stay up to 4 years and for Hong Kong workers, the tenure for this visa is up to 5 years. It costs AUD 2,654$ and takes 7 to 9 months for completion.
Also, the occupation should be under the Medium and Long-term Strategic Skills List or the Regional Occupation List.
Labour agreement stream
This agreement is between the Australian government and employers. Which is a must to possess by your employer, thus, allowing workers to stay and work in Australia. The tenure is up to 4 years depending on the labour agreement terms. It cost around AUD 2,645$ and takes time about 7 to 11 months.
Subsequent entrant
Subsequent entrant visa is for family members of visa subclass 457 & 482 and person having TSS visa. Hence, it is for those family members who are applying for separate TSS visa. And wants to join a primary 457 visa or TSS visa holder in Australia.
As long as the visa is valid, you are eligible to stay in Australia. It costs AUD 1,265$, also, there is no processing time available for this visa.
Employees right under employer-sponsored visa
All the workers despite who they are have equal workplace rights. These are to make sure that there is no case of harassment. Yet if the employee is guilty under the scenario, then their visa might get permanent suspension or else. The employer has no right in this. Only the government can cancel or increase your visa tenure.
What will happen if you leave your sponsor for visa subclass 482?
Since it is a temporary visa, therefore, there are strict rules and regulations for workers leaving their employment. Hence, it seems impossible for you to maintain the validity of your visa after leaving your sponsor.
There is an 8607 condition on all TSS visas. It states:
- The applicant should work for the sponsor only and for the business nominated at the time of the visa grant.
Thus, it means that you have to work under your sponsor. Also, you cannot work in any other profession rather than the nominated occupation. If we see an example to understand more clearly like if your sponsor hires you as an accountant (ANZSCO 221111), you cannot have any promotion or work in any other field rather than this. Meaning you cannot choose to work as a general manager (ANZSCO 111211). This might result in the cancellation of your visa.
However, there is a possibility to change your sponsor and then leave the older one. Yet, the new sponsor should also meet all the criteria for giving your nomination. Additionally, you are in no need of applying again for a visa unless the visa is about to expire. But make sure not to work with your new employer before the approval.
You must make sure to have another visa option ready or a new sponsor for yourself within 60 days of leaving your job. Within that period, you must find a new sponsor or visa option. Otherwise, there will be a cancellation of your visa. Hence, you should be ready before leaving you to sponsor to make sure your Visa is still valid.
How can a migration lawyer help?
This visa is very crucial as it is a temporary one. Therefore, you should be 100% sure before processing a single step. Thus, it is also very important to have a migration lawyer for complete accuracy and avoid any problems. They will not only help you take the visa but also will let you know everything relating to the visa. Hence, live your dream of staying in Australia for a while with the help of a migration lawyer. So that you should not face any trouble while that tenure and enjoy your stay. Contact Australian Visa Lawyers if you want to receive professional advice on 482 visas.
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