If my business sponsors an overseas worker on a Temporary Skill Shortage (482) visa, can they work for another employer?

When a Temporary Skill Shortage (TSS) visa (subclass 482) is granted by the Department of Home Affairs it come with a mandatory condition, Condition 8107. This condition governs the visa holder’s employment arrangements and ensures that they adhere to the requirements of the visa.

While holding a TSS visa the individuals work rights were generally tied to the employer who sponsored the visa. However, in July 2024, significant changes were introduced to Condition 8107. These changes were part of a wider change to improve conditions for temporary workers, specifically addressing issues like worker exploitation and job flexibility.

Under the updated 8107 condition, workers on TSS visa have greater flexibility. They can cease employment with their sponsor for up to 180 consecutive days (previously, it was only 60 days) or a total of 365 days during their visa validity. This extended time frame provides visa holders with more security while they seek a new employer, apply for a new visa, or make arrangements to leave Australia.

Additionally, visa holders are now allowed to work for other employers during this job search period. Previously if a TSS visa holder worked for another employer without transferring their visa first, it was a breach of Condition 8107. It was also a breach for the employer as they were employing an individual in breach of their work conditions.

The change to Condition 8107 allows an employer to hire a TSS visa holder without the need to transfer the visa first. If the employer, then wishes to retain the TSS visa holder an application to transfer the visa to the sponsorship of the employer or a new visa application can be made.

If you would like to discuss your Temporary Skill Shortage visa, or any migration options you have, contact our team today.