What happens if I am terminated or resign from my job while holding an employer-sponsored visa?
There are several factors that influence workers to quit their jobs, both freely and involuntarily. Due to particular visa limitations that apply, there is an extra degree of difficulty for those with Temporary Skill Shortage (TSS) visas under Subclass 482 of the Migration Regulations 1994 (Cth).
What visa conditions are applicable to me?
All TSS visa holders are subject to condition 8607, which mandates that the visa holder:
work only in a position within the nominating employer's business (or a related entity), unless they fall under a select group of exempt occupations; and
not cease employment for more than 60 successive days.
What happens when I leave my employer?
The sponsoring employer of a TSS visa holder is required to inform the Department of Home Affairs (Department) when the visa holder's employment with the employer ceases.
Note: After the 60-day period, the visa holder would be in breach of condition 8607.
What happens if I breach my visa conditions?
A person's visa may be cancelled if they fail to abide the terms of their visa conditions.
Generally, the Department will initially contact the visa holder while they are in Australia to let them know they are thinking of cancelling their visa. The Department may revoke a person's visa if they are outside of Australia without giving them prior notice.
Does this mean that I should leave Australia within 60 days of ceasing employment?
There are definitely other options.
If another employer is willing to sponsor the TSS visa holder, the new employer can lodge a TSS “nomination transfer” to consign the sponsorship of the visa to their business. Thus, the TSS visa holder would not be in violation of the visa requirements.
If the TSS visa holder cannot find another employer to sponsor them, they must:
depart Australia;
apply for another visa; or
risk breaching their visa conditions (and having their TSS visa liable for cancellation).
What other visas can I apply for?
This depends on your personal circumstances and your options can vary greatly. We recommend that you speak to a professional to assess what options may be most suitable for you.
Contact us for any Immigration Needs
Immigration law is an area that is complex and has little room for error and using an immigration lawyer will ensure the protection of your visa application and future in Australia. Here at TooRoo Migration Lawyers, our team of expert solicitors will provide sound and thorough advice on visa applications, applying for citizenship, and understanding your legal rights and responsibilities.
Disclaimer
This blog provides general information and is not intended as legal advice specific to your circumstances. Please feel free to seek our professional legal advice if you have any questions, concerns and/or queries.
