If they hold a Subclass 482 Temporary Skill Shortage visa — or the newer Skills in Demand stream under Subclass 482 — Condition 8607 is one of the most important visa conditions attached to their grant. From 1 July 2024, major changes came into effect that significantly increased flexibility for visa holders. Here is what they need to know.
What Is Condition 8607?
Condition 8607 regulates the core elements of their employer-sponsored visa:
- Who they can work for
- What occupation they can work in
- What happens if their employment ends
- How long they can remain without a sponsor
It underpins Australia's employer-sponsored migration framework and applies for the duration of their visa.
1. Working in Their Nominated Occupation (While Sponsored)
While employed by their sponsoring employer, they must:
- Work in their approved nominated occupation
- Perform duties consistent with that occupation
- Work only for their sponsor (or an associated entity if permitted)
If their duties change significantly, a new nomination may be required before those changes take effect.
2. The 180-Day Grace Period — Major Reform from 1 July 2024
Previously, visa holders had only 60 days and could not lawfully work outside sponsorship during that time. From 1 July 2024, the Department of Home Affairs amended Condition 8607 significantly.
Now, if they stop working for their sponsor, they have:
- Up to 180 consecutive days at a time, and
- Up to 365 days total across their visa period to:
- Find a new sponsor
- Apply for another visa
- Arrange departure from Australia
3. The Most Important Change: They Can Work During the Grace Period
The Department expressly states:
"During this time, visa holders can work for other employers. This includes work in occupations not listed in their most recently approved sponsorship nomination."
This is a significant shift. During the 180-day grace period, they may now:
- Work for a different employer
- Work in a different occupation
- Start working for a new employer before a nomination is approved
- Financially support themself while seeking new sponsorship
This effectively provides temporary work rights even in an occupation not listed in their most recent sponsorship nomination during the grace period.
4. What Visa Holders Still Cannot Do
The flexibility is not unlimited. Even under the new rules, visa holders:
- Cannot exceed 180 consecutive days without sponsorship
- Cannot exceed 365 total days across their visa period
- Cannot remain in Australia beyond their visa expiry date
- Must meet any applicable licensing or registration requirements for the work they are doing
If they secure a new employer who intends to sponsor them long-term, a new nomination must still be lodged. The grace period allows work — it does not replace sponsorship for ongoing employment.
5. When a New Nomination Becomes Necessary
If they want to continue working beyond the grace period, or maintain lawful long-term employment with a new employer, that employer must:
- Be an approved Standard Business Sponsor (or become one)
- Lodge a new nomination for them in their occupation
If their visa is nearing expiry, a new Subclass 482 visa application may also be required alongside the nomination.
6. Practical Example
Scenario: Their employment ends on 1 August
- They may immediately work for another employer — no waiting required.
- They do not need to wait for nomination approval before starting work.
- They may work in a completely different occupation during this period.
- They must secure new sponsorship or another visa within 180 days to remain compliant long-term.
7. Why This Reform Matters
The 2024 reform was designed to address longstanding concerns with the employer-sponsored system. It aims to:
- Reduce worker exploitation by reducing dependence on a single employer
- Increase labour market mobility for skilled visa holders
- Allow visa holders to financially support themselves during transitions
- Reduce undue pressure during employment changes
It represents one of the most significant changes to employer-sponsored visa conditions in recent years.
Key Takeaways
- They are tied to their sponsor while employed — duties and employer restrictions apply
- Once employment ceases, they have up to 180 days at a time (365 total)
- During that period, they can work for other employers — even in different occupations
- They can start working before a new nomination is approved
- Long-term employment beyond the grace period still requires sponsorship
Final Thoughts
Condition 8607 remains strict while they are sponsored, but it is now far more flexible if their employment ends. Understanding the new grace period rules is essential for both visa holders and employers to avoid unintended breaches and to plan transitions strategically.
If they are changing employers or advising a client who is, timing and compliance strategy are still critical — even under the new, more flexible framework. A migration lawyer can help them navigate the transition correctly.
