• Work & Career

  Visa Dilemma

  Posted by Mide on January 20, 2025 at 8:39 am

  Hello everyone,

  I recently moved to Australia on a 407 visa and was supposed to work for an employer but my resumption date got postponed and I was not given a clear resumption date to this effect. I am looking for other jobs that could offer me a 482 visa. Is this okay or would I be breaching my visa conditions in the process of applying for a 482 without having worked for my initial employer on the 407? Also, would the department not want to give me a 482 because I just got the 407 recently? Kindly advise, thank you.

  Mark replied 1 month, 3 weeks ago 2 Members · 3 Replies

  • 407 visa
  • TSS Visa
  • visa compliance
• 3 Replies

• 

  Mark

  Administrator

  January 20, 2025 at 11:18 am

  Hello, Mide, and welcome to our community – Thanks for the question; it’s certainly an interesting one.

  Your situation raises important questions about visa conditions and compliance. Based on my research on the matter, here are some key points to consider.

  1. Visa Conditions on the 407 Visa:

     • The 407 (Training) visa usually has specific conditions requiring you to work only for the sponsoring employer listed in your visa grant. Condition 8102 (no work outside the program) or 8106 (work restriction tied to the sponsoring employer) typically applies. Breaching these conditions could lead to visa cancellation.

  2. Applying for a 482 Visa:

     • You can apply for a new visa, such as the 482 (Temporary Skill Shortage) visa, even while holding a 407 visa. However, applying for the 482 does not automatically give you permission to work for another employer unless the 482 is granted.

  3. Potential Issues With a 482 Application:

     • The Department of Home Affairs might scrutinise your 482 application if your current 407 visa hasn’t been utilised as intended (e.g., not working for your sponsoring employer). They could question whether you’re meeting the purpose of the 407 and whether your new employer genuinely needs to sponsor you under the 482 program.
     • Your new employer would need to meet the labour market testing requirements and prove that your role is genuine and aligns with the 482 visa criteria.

  4. Seeking Employment While on a 407 Visa:

     • You can explore potential employers who are eligible to sponsor you for a 482 visa. However, you cannot legally work for another employer while holding the 407 visa unless your visa conditions allow it or you’ve transitioned to a new visa.

  To avoid breaching your 407 visa conditions, I’d just contact your current sponsor to clarify the delay in your start date. If your sponsor agrees, consider formally cancelling your 407 visa and transitioning your focus to a 482 visa with a new employer.

  This is a tricky case so if you haven’t already, I’d recommend consulting a registered migration agent or immigration lawyer to ensure compliance with visa conditions.

  All the best

  Mark

• 

  Mide

  Member

  January 20, 2025 at 11:52 am

  Thank you Mark. I already have plans to speak to a registered migration agent as well.

• 

  Mark

  Administrator

  January 20, 2025 at 1:25 pm

  That’s good to hear Mide. Better to be safe than sorry – especially now you are onshore here in Australia.
  Please keep in touch and let us know how you get on – Your experiences will prove useful to others who might find themselves in a similar position in the future.

  Regards

  Mark

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