Condition 8607 is a mandatory condition on the newly instated Temporary Skill Shortage (TSS) visa (subclass 482) that came into effect on 18 March 2018, replacing the Temporary Work (Skilled) visa (subclass 457). It requires that the holder must work only in their nominated occupation for which they were granted their TSS visa.
Condition 8607:
- The visa holder must only work in their nominated occupation for which their TSS visa was granted
- The visa holder must commence work within 90 days of their visa grant or arrival in Australia
- The visa holder must not cease employment for more than 60 consecutive days
- The visa holder must continue to hold any relevant occupational licenses, registrations and memberships
Work in their nominated occupation
In the case of a short-term or medium-term stream TSS with an Australian business sponsor, the visa holder must only work for their sponsor in their nominated occupation, but may work in a position in their sponsor’s business or an associated entity of their sponsor.
In the case of short-term or medium-term stream TSS with an overseas business sponsor, the visa holder must only work for their sponsor’s business in their nominated occupation.
If labour agreement stream TSS, the visa holder must only work for their sponsor in their nominated occupation. On hire arrangements to third parties are permitted so long as salaries are paid to the sponsoring employer.
This means that if the visa holder would like to work in a different occupation from which they were nominated or change employer, they will need to apply for a new TSS visa. If the new TSS has been granted but the visa holder has contractual obligations to fulfil, such as completing their notice period, they will not be in breach of condition 8607.
An exception exists for the nominated occupations General Manager, Chief Executive or Managing Director and all medical occupations. Visa holders that have TSS visas approved in these occupations are not restricted to work only with their sponsor.
Commence employment within 90 days
If the visa holder is in Australia at the time of their TSS visa grant, they are required to commence work with their sponsoring employer in their nominated occupation within 90 days of the grant. If they are outside of Australia, they are required to commence work within 90 days of their arrival in Australia.
It is part of the sponsor’s obligations to notify the Department of Home Affairs (DOHA) if the visa holder does not commence work at the agreed time.
Cease employment for not more than 60 consecutive days
If the visa holder has ceased working for their sponsoring employer, they have those 60 days to search for a new sponsor or leave Australia.
Situations may occur where the visa holder may request for an extended period of leave during which they will not be remunerated. Examples of reasons for leave without pay (LWOP) may include study, sabbatical leave, recreational or holiday leave with no pay, sick leave without pay or maternity/paternity/carer leave. LWOP that is agreed upon between the visa holder and their sponsoring employer will not result in the breach of Condition 8607. Make sure that any such arrangements are properly documented and have gone through formal channels.
Licence, registration or membership
The visa holder is required to hold any licences, registrations or memberships that are mandatory to their performing in their nominated occupation in the location in which the visa holder’s position is located and must do so:
- Within 90 days of the visa grant, if the visa holder is in Australia at the time of the grant
- Within 90 days of their arrival in Australia, if the visa holder is outside Australia at the time of the visa grant
The visa holder must also:
- Continue to hold the authorisation while their are performing the occupation
- Notify the DOHA in writing as soon as possible if their application for the authorisation has been refused
- Comply with all conditions or requirements that their authorisation is subject to
- Not engage in any work that is inconsistent with their authorisation, including work that may be in breach of the conditions or requirements of their authorisation
- Notify the DOHA in writing as soon as possible if the authorisation ceases to be in force or is revoked or cancelled
Do you need more information on the new TSS 482 visa or the recent changes to the ENS 186 or RSMS 187 visa programmes? Give us a call!
