Are you wondering what is 8607 visa condition? Certain visa holders must adhere to specific conditions during their stay. One such condition that plays a vital role in immigration law matters is the 8607 condition.
This condition specified under the Migration Regulations 1994, carries significant implications for individuals holding certain types of visas in Australia. Read on to know more about the 8607 visa condition and its relevance to the 482 visa.
What Is the 8607 Visa Condition?
According to the 8607 condition, Temporary Skilled Shortage visa (Subclass 482) holders who wish to change their occupation (not just their employer) must have a new nomination approved. They must also obtain a new visa before commencing work in the new occupation. Here are the key points of the 8607 condition:
- TSS visa holders must work only in the occupation that they nominated in the application for their most recent Subclass 482 visa.
- Depending on the stream of the Subclass 482 visa and the status of the nominating entity, TSS visa holders must work:
- For the person who nominated the nominated occupation; or
- In a position within that person’s business or an associated entity.
- Exceptions apply if:
- The nominated occupation is one that the Minister specified in an instrument; or
- The holder is fulfilling a requirement under industrial relations law regarding notice.
- According to the 8607 visa condition, TSS visa holders must commence work:
- Within 90 days after their arrival in Australia; or
- Within 90 days after their visa grant if they were already in Australia.
- If the TSS visa holder ceases employment, the period of unemployment must not exceed 60 consecutive days.
- If the holder requires a mandatory authorisation (e.g., licence, registration, or membership) to perform the nominated occupation, they must:
- Obtain and maintain the authorisation;
- Comply with its conditions; and
- Inform Immigration if the application for the authorisation is refused or if it ceases to be in force or is revoked or cancelled.
8607 Visa Condition: More About the 482 Visa
The subclass 482 visa is also known as the TSS visa. This visa in Australia allows employers to sponsor skilled overseas workers to fill temporary skill shortages in the Australian labour market. It is designed to address specific gaps in the availability of skilled workers in certain occupations.
The TSS visa replaced the subclass 457 visa in March 2018 and introduced a more targeted and streamlined framework for sponsoring skilled workers from overseas. It is divided into three streams: Short-Term, Medium-Term, and Labour Agreement. In the case of anoverseas business sponsor or under the labour agreement stream, the visa holder must only work for their sponsoring employer.
Key Features and Requirements of the 482 Visa
1. Employer Sponsorship: To be eligible for the TSS visa, individuals must have a sponsoring employer in Australia.
2. Occupation Lists: The TSS visa requires the nominated occupation to be listed on one of the occupation lists. These are the:
3. English Language Proficiency: Applicants for the TSS visa must meet the English language proficiency requirement. This is typically demonstrated through the provision of English language test results unless exempted based on specific criteria.
4. Skills Assessment: Depending on the occupation and visa stream, some applicants may need to undergo a skills assessment by a relevant assessing authority.
5. Genuine Temporary Entrant: Applicants must satisfy the Department of Home Affairs (DHA) that they genuinely intend to stay in Australia temporarily and comply with their visa conditions.
6. Health and Character Checks: TSS visa applicants are required to undergo health examinations and provide police clearances to demonstrate their good character and health status.
Note: The subclass 482 visa has specific conditions attached to it, including the 8607 visa condition. Compliance with these conditions is essential to maintain visa validity and ensure compliance with Australian migration laws. More is explained below.
Additional Points About the 8607 Condition
People should understand that they should take proactive steps to ensure compliance with the 8607 visa condition. Here are some tips to help navigate the condition successfully:
Familiarise Yourself with the Condition
Take the time to read and understand the specific details of the 8607 visa condition as it applies to your visa subclass. Pay attention to any exemptions or variations that may apply based on your occupation or visa stream.
Keep Accurate Records
Maintain meticulous records of your work hours, including start and end times. This includes any other relevant details required by the DHA. This will help demonstrate your compliance with the condition if requested.
Notify Immigration of Changes
If you need to change employers or occupations, it is crucial to follow the proper procedures and notify the DHA promptly. Obtain a new nomination and visa if required, ensuring that you have the necessary approvals before commencing work in a new position.
Understand Occupation Exemptions
Be aware of any exemptions that may apply to your occupation. Certain occupations listed in specific instruments by the Minister may allow you to work for multiple employers simultaneously without requiring a new nomination. Familiarise yourself with these exemptions and ensure that you meet all the specified criteria.
Seek Professional Advice
If you have any doubts or concerns regarding the 8607 visa condition or your visa obligations, consider consulting with an immigration lawyer. They can provide expert guidance based on your specific circumstances and help you navigate the complexities of immigration law.
Keep yourself updated on any changes or updates to the migration regulations and policies. The Department of Home Affairs regularly publishes information and updates regarding visa conditions. Stay informed about any amendments that may impact the 8607 visa condition or your visa subclass.
Maintain Open Communication
It is crucial to maintain open communication with your employer, ensuring they understand the requirements of the 8607 condition. Discuss any changes in employment or occupation with them and seek their support in fulfilling your visa obligations.
Importance of Seeking Legal Advice
The information provided here serves as a general guide to help you understand the basics of the 8607 visa condition in Australia. However, individual circumstances can vary, and immigration laws are complex and subject to frequent updates.