Australia to cut back on time visa holders can remain in country after stopping work

IMPACT – MEDIUM

What is the change? The Australian Government has reduced the amount of time subclass 457 visa holders have after ceasing work with their sponsoring employer before they must leave the country or apply to remain in Australia.

What does the change mean? Effective 19 November, subclass 457 visa holders who cease working for their sponsoring employer will have 60 days to leave the country or apply to remain within 60 days. The current time frame is 90 days.

• Implementation time frame: 19 November 2016, subject to approval by the Governor-General.
• Visas/permits affected: Temporary Work (Skilled) visa (subclass 457)
• Who is affected: Subclass 457 primary visa holders whose visas are approved on or after 19 November 2016.

Background: The change is the result of the Department of Immigration and Border Protection’s move to amend what is known as Condition 8107. Condition 8107 applies to all primary subclass 457 visa holders and, for now, states that visa holders who cease work with sponsoring employers must leave Australia or apply to remain within 90 days of cessation.

That time period will change to 60 days for visas approved on or after 19 November.

DIBP said the change will strengthen the integrity of the subclass 457 visa programme and that “reducing the employment cessation period will contribute to subclass 457 visa holders being less vulnerable to informal employment and reduce the period in which they can compete within the Australian labour market for further employment”.

BAL Analysis: Primary subclass 457 visa holders must consider the consequences of the change if they do end up ceasing employment with their sponsoring company.

This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.

MARN: 0101248

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