Condition 8607 – Approved Work Only
Condition 8607 is a mandatory condition imposed on all primary visas granted under the Temporary Skills Shortage (TSS) visa program – Subclass 482.
The condition is similar to condition 8107 that applies to Subclass 457 visa holders.
Condition 8607 specifies that the visa holder must:
- only work in their nominated occupation for which they were granted the visa;
- commence work within 90 days of visa grant (or visa arrival if outside Australia at the time of grant);
- not cease employment for more than 60 consecutive days; and
- maintain any mandatory licence, registration or membership for the nominated occupation
The visa holder is subject to cancellation if they cease work for more than 60 days.
Changing Occupation
If a primary TTS visa holder wishes to engage in work in a different occupation, their current or proposed sponsor must first lodge a new nomination and have this approved. The visa holder must then lodge a new visa application identifying this nomination and have it granted.
Note: both the new nomination and new visa application must first be approved before commencing work in the new occupation.
Changing Sponsors
If a primary TTS visa holder wishes to change employers during their visa period they cannot do so until a favourable decision is made on a new nomination lodged by their (new) proposed employer. A new visa application is not required.
A visa holder who commences work for a new employer before the nomination is approved will be in breach of visa condition 8607.
Where a situation arises and an employee needs to leave an employer suddenly, Immi Law can assist by informing the Department and submitting a request for priority processing for the new nomination/visa.
Preforming Higher Duties
If the opportunity arises for a primary visa holder to perform higher duties on a temporary basis, this is possible under policy if:
- the sponsored person agrees to undertake the higher duties; and
- the appointment of the sponsored person at a higher level is for a period of two months or less; and
- records are kept regarding the temporary arrangement including duration of the higher duties and any additional salary paid.
If the period of higher duties will exceed two months and is outside the scope of their ANZSCO occupation classification, a new nomination will first need to be lodged and the visa holder must not commence the higher duties until the nomination is approved.
If you are unsure as to whether the higher duties fall within the ANZSCO occupation classification, please contact your Immi Law advisor.
