Are you in a 482 visa second job situation? Is this temporary skill shortage visa legal or not? Some people get a second job for many reasons. Maybe they want to earn more for personal reasons or they want to gain more employment skills. Living in Australia is great but maybe the paycheck isn’t stretching as far as you’d like.
Here’s the thing with getting a side hustle while on a 482 visa – it’s not as easy as picking up a second coffee shift. This article will break down the code on juggling jobs and maximising your income all while being visa compliant. Let’s get into a 482 visa second job situation.
What’s the Rule?
So what’s the rule? Can you have a 482 visa second job situation? Generally no. You can’t have a second nominated position unless it meets all these conditions:
- It’s for the same company that sponsored your visa.
- It’s in the same field as your visa-sponsored occupation.
- It’s related to your current role.
- It’s a minor addition to your main job responsibilities.
482 Visa Second Job: Conditions To Note
Condition 8107
Your 482 visa allows the visa holder to contribute to the Australian workforce. But you need to understand what activities your visa covers to stay compliant. Here’s a breakdown of the key conditions of Condition 8107:
- Stay with Your Approved Sponsor: This visa is tied to your sponsoring employer. You can’t just switch jobs or start working for yourself.
- Stick to the Nominated Role: Your visa was granted for a specific occupation. You must continue to do the duties of that role within your sponsoring company.
- Activity-Based Visas: If your visa is tied to an activity (e.g. research project) you must continue to do those activities as authorised.
- Maintain Qualifications: If a licence or registration is required for your nominated occupation you must keep it current throughout your visa period.
Condition 8607
The 482 visa allows you to use your skills in Australia but you must follow Condition 8607. Your visa is tied to a specific occupation so you can only work in that field. Want to change careers? Apply for a new 482 visa with a different nominated occupation. There are also timeframes and employer restrictions to consider:
- Start Work Quickly: Get settled and start your new 482 visa second job within 90 days of arriving in Australia or receiving your visa (whichever is later).
- Maintain Employment: Consistent work is key. Don’t be out of work for more than 60 days in a row.
Who you can work for depends on your visa stream:
- Labour Agreement: Only the company that nominated you.
- Medium/Short-Term (Australian Sponsor): The nominating company or an associated entity.
- Medium/Short-Term (Overseas Sponsor): Only the nominating company.
There also exceptions
You might be able to work in a specific occupation without a new visa if it’s on the Australian government list. If you are also changing jobs, you can also work your notice period with your current employer.
Got a new opportunity? Your new employer will need a separate nomination approval before you can start working for them.
482 Visa Second Job: Balancing Your Side Hustle
Volunteering in Australia is a great way to give back to the community, build new connections and potentially gain experience in your field. But remember your 482 visa prioritises your sponsored employment. Here’s how to have a 482 visa second job as a volunteer:
- Time Commitment is Key: Volunteering shouldn’t become a full-time job. Make sure your volunteer work doesn’t eat into the hours of your sponsored role. This includes evenings and weekends as your employer might expect your full availability during those times.
- Clear Communication is Essential: Be upfront with your sponsor about your volunteer activities. Discuss the time commitment involved and make sure they understand it won’t affect your main job duties. Their approval shows your commitment to both your visa obligations and social responsibility.
- Understanding “Work” under Visa Regulations: Technically volunteering isn’t “work” since it’s unpaid. But it’s best to keep your sponsor informed about your 482 visa second job to avoid any misunderstandings. This transparency builds trust and a positive working relationship.
What About Working Outside Australia?
The 482 visa second job situation is flexible when it comes to remote work. Here’s what you need to know about working outside Australia:
- Income Source Restriction: The main rule? Your overseas income can’t be derived from Australian business activities. This means you can’t work remotely for an Australian company or manage an Australian business while you’re outside the country.
- Genuine Work Concerns: Spending a lot of time working remotely overseas could raise concerns from immigration officials about the genuineness of your primary occupation in Australia.
- Geographical Restrictions: Condition 8107 only applies to your work activities in Australia. So you can take on overseas jobs as long as they comply with the visa conditions.
Alternatives Other than Getting a Secondary Employment?
Skill Development
Firstly, invest in yourself through training or education and you’ll become more valuable to your current employer or future opportunities. This could lead to higher pay, promotions within your current, a career change, and even permanent residency. Consider online courses, and certifications or even attend workshops related to your field.
Career Advancement
Secondly, talk to your manager about your career goals within the company. Showing interest in additional responsibilities or a promotion demonstrates initiative and ambition. They might offer opportunities to learn new skills, work on challenging projects or propose a formal career advancement plan with a salary increase.
Talk to Your Sponsor
Lastly, discuss your financial needs or desire for more work with your sponsor. They might be open to negotiating a higher salary, more responsibilities within your current role or even a part-time freelance arrangement that complements your main duties (just make sure this freelance work aligns with your visa conditions).
482 Visa Second Job: Get Legal Advice
JB Solicitors will review your individual visa conditions and employment details. Our team of immigration lawyers will look into the TSS visa framework to see if your second job complies with your visa work restrictions. We can also review your employer’s sponsorship obligations.
Get in touch with us if you need more information about getting part-time jobs
