Lots of people come to us every month wanting to change employers. Some are unhappy, some have lost their jobs and some have received better offers elsewhere. If you’re in that last category, it’s really important that you don’t go ahead and quit your job before first checking that you can actually transfer to a new sponsor.
Whilst it is possible to move, certain requirements need to be met. And, if you’re on the road to permanent residency via the temporary resident transition stream, you certainly don’t want to risk jeopardising that.
Approval to sponsor
The first stage of your application is the new potential employer gaining approval as a Standard Business Sponsor. The approval will be valid for five years and they can sponsor other 482 applicants under it.
The second stage of the process is the nomination of the position. To transfer your existing visa (and retain its expiry date), you must be nominated in the same occupation as on your current visa. If you are being nominated in a different occupation, you will need a new visa application.
If your occupation has caveats, the sponsor must meet these. New caveats may have been introduced since your visa was granted.
Labour market testing
The sponsor will need to meet the Labour Market Testing (LMT) requirement of a 482 nomination.
They must show that they have placed two advertisements that have been ‘live’ for at least 28 days, prior to lodging the nomination. The advertisements (which must contain specific information) can be placed on a national recruitment website (such as JobActive, SEEK, Adzuna or Indeed) or a national newspaper. Advertisements placed on social media, Gumtree or on the employer’s own website will not meet the requirement. The advertisements must be less than four months old at the time of lodging the nomination.
A nomination cannot be lodged until LMT is complete.
The third and final stage is transferring your visa (and visa of your dependents, if applicable) to the new employer.
482 visa application costs
• The standard business sponsorship fee of $420 – payable by the sponsor (unless the new employer already holds approval)
• The position nomination fee of $330 – payable by the sponsor
Skilling Australians Funs (SAF) levy
The Skilling Australians Fund (SAF) levy is payable by the sponsor at the time of nomination. The amount depends on the sponsor’s turnover in the previous financial year, and the number of years of the nomination:
• Turnover greater than $10 million: $1,800 for each year of nomination (paid upfront for all years)
• Turnover less than $10 million: $1,200 for each year of nomination (paid upfront for all years)
If you change sponsors, your current visa expiry date does not change. This means that your new sponsor can nominate you for 12 months, but you can remain working for them until your visa expires.
The processing time is generally a lot quicker if the position is regional as you can request priority processing. If the employer is already an approved Standard Business Sponsor, this can also speed up the processing time.
Loss of employment due to Covid-19
If your employment has ended as a result of the Covid-19 pandemic, you should try to find another employer to sponsor you in the same job role within 60 days. If you’re unable to find another sponsor, you’ll need to investigate other visa options or make plans to depart Australia.
If you have an Australian partner, or a partner on another visa, you might be eligible for other visa subclasses. You could also consider applying for a student visa and using this time as an opportunity to upskill.
If you have a new sponsor lined up and want to speak with a Registered Migration Agent about your options, contact us today.