Losing a job is stressful for anyone. On a Skills in Demand visa (subclass 482) it also starts a clock. However, the rules give you more room than most people expect.
This guide explains what visa condition 8607 actually allows. First it covers the time limits. Then it sets out your options and the traps that catch people.
What happens the day your employment ends
Your visa does not cancel itself when your job ends. It stays in effect. However, you are no longer working in line with two of its conditions.
Your former sponsor must tell Home Affairs within 28 days. Meanwhile their sponsorship obligations continue. For example, they remain responsible for reasonable travel costs so you and your family can leave Australia.
So the first task is not panic. Instead, write down the exact date your employment ended. Every deadline that follows runs from that date.
The 180-day rule, and the 365-day rule behind it
Condition 8607 lets you stop working, or work outside your visa conditions, for a period. There are two limits, and both matter.
- 180 days in any single period.
- 365 days in total across the whole period your visa was granted for.
Therefore the 180 days is not a fresh allowance every time. Each gap draws down the same 365-day budget. As a result, a second job loss can leave you with far less time.
These periods count from 1 July 2024. Earlier gaps under the previous condition do not count against you.
Can you work during the 180 days?
This is the question that causes the most confusion. Home Affairs states that during this window you can stop working, or work outside your usual conditions.
However, one rule does not bend. If a new employer wants to sponsor you, they must have a nomination approved before you start work for them. Starting first and lodging later is a real risk.
Separately, condition 8607 allows work for other businesses in two situations. The first is where your occupation is specified by the Minister in a legislative instrument. The second is where you are finishing a notice period with your sponsor.
Because the distinction is technical, get advice before you accept new work. The safest approach is to confirm your position first.
Your four realistic options
1. Find a new approved sponsor
This is the most common path. Your new employer must be an approved sponsor and must lodge a nomination. That nomination must also meet the salary rules. For nominations lodged in 2026 to 2027, the Core Skills Income Threshold is AUD 79,423.
Nomination charges are AUD 330, and your new employer pays them. Our guide to 482 visa salary requirements explains the thresholds in detail.
2. Change occupation, which needs a new visa
You must work only in your nominated occupation. Therefore a genuine change of occupation needs a new 482 application, not just a new nomination. Check the requirements in our 482 visa requirements checklist before you commit.
3. Apply for a different visa
Depending on your circumstances, another visa may fit better. For example, some people are close to permanent residence already. Our article on the subclass 186 temporary residence transition pathway explains that route.
Partner, student and skilled independent options may also be available. Each has its own criteria, so assess them early rather than late.
4. Depart Australia
Leaving is a legitimate option, and sometimes the sensible one. In addition, your former sponsor is responsible for reasonable and necessary travel costs for you and your sponsored family. You must ask for that payment in writing.
Five traps to avoid
First, do not assume the clock restarts. The 365-day cap runs across your whole visa period.
Second, do not start work for a new sponsor before their nomination is approved. That can breach your conditions.
Third, do not let the visa expiry sneak up. The 180 days does not extend your visa. If your visa ends sooner, that date governs.
Fourth, keep your licences current. If your occupation requires a licence or registration, condition 8607 requires you to hold it and comply with it.
Finally, do not go quiet. Keep your contact details current with Home Affairs and keep records of when your employment ended.
Act early, not at day 170
Nominations take time to prepare and to decide. Therefore the practical window is shorter than 180 days. Start looking immediately, and get advice while you still have choices.
For the wider program rules and streams, see our pillar guide to the Skills in Demand visa (subclass 482).
Frequently asked questions
How long can I stay in Australia after losing my 482 job?
Condition 8607 allows you to stop working, or work outside your visa conditions, for up to 180 days in a single period. There is also a cap of 365 days in total across the period your visa was granted for. These periods count from 1 July 2024. Your visa expiry date still applies, so if the visa ends sooner, that date governs.
Can I work for another employer during the 180 days?
Home Affairs states that during this window you can stop working, or work outside your usual conditions. However, if a new employer wants to sponsor you, they must have a nomination approved before you start work for them. Condition 8607 also allows work for other businesses where your occupation is specified by the Minister in an instrument, or where you are finishing a notice period.
Does the 180-day period reset if I lose a second job?
No. Each period must not exceed 180 consecutive days, but every gap also counts towards a total of 365 days across your visa period. A second job loss therefore draws on the time you have already used.
What does my former employer have to do?
Your sponsor must notify Home Affairs within 28 days of your employment ending. Their sponsorship obligations continue until you find a new sponsor, are granted another visa, or leave. That includes paying reasonable and necessary travel costs for you and your sponsored family to leave Australia.
Can I change to a different occupation with a new sponsor?
Not on the same visa. Condition 8607 requires you to work only in the occupation nominated in your most recently granted 482 visa. To work in a different occupation you need to apply for, and be granted, a new Skills in Demand visa.
Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.
Talk to a migration lawyer in Melbourne
If your 482 employment has ended, timing matters. We can review your options and help you move before the clock runs down.
Call Skyline Migration Lawyers on 03 8108 8748 or email info@skylinemigrationlawyers.com.au.
This article is general information only. It is current at the date of publication and it is not legal advice. Visa conditions, thresholds and policy settings change. Please seek advice tailored to your circumstances before you act.
