loader image

Over the years, Kah Lawyers has helped many companies and businesses secure temporary skilled visas including subclass 457 visas and subclass 482 visas.

Subclass 457 visa holders and subclass 482 visa holders are aware that they must work for their sponsoring employer on a full time basis in their nominated occupation for the period of their visa validity. However, due to the COVID-19 pandemic, many visa holders may find themselves either stood down by their employers or even terminated.

On 4 April 2020, the Hon Alan Tudge MP (Acting Minister for Immigration, Citizenship, Migrant and Multicultural Affairs) announced that visa holders who have been stood down, but not laid off, will maintain their visa validity and that sponsoring businesses will have the opportunity to extend their visa as per normal arrangements. Businesses will also be able to reduce the visa holders without the visa holder being in breach of their visa conditions.

Visa holders must not cease work for more than 60 days. If the position has been made redundant or the employment contract terminated and the visa holder cannot find a new sponsor, they must depart Australia.

Kah Lawyers understands that the COVID-19 pandemic has affected many employer sponsors and their employees. If you are an Employer with visa holders in your employ and you wish to understand your ability to change work conditions without breaching your sponsorship obligations, please contact our office.

If you have been stood down by your sponsoring employer and are concerned about what this means for your future prospects for permanent migration, or if you have been terminated by your employer and have managed to find a new sponsor, please contact our office for a telephone or Skype conference on (02) 9689 3173.


Disclaimer: This information is current at the time of publication and subject to change. The contents of this blog post is provided for general information only and Kah Lawyers does not accept any liability for any damages suffered by persons who relied on this information. This information does not constitute as legal advice and is not intended as a substitute for legal advice.