We often get asked ‘can sponsored workers in Australia change jobs while on their sponsored visa?!’ You may be unhappy at your current employer; you may have to change positions or you have received a better job offer elsewhere. The straightforward answer is that it is possible to change employers (sponsors), but there are rules and regulations which must be met.
Sponsored visas are granted with a specific employer in mind, tethering your right to work in Australia to your sponsor. This arrangement is fundamental to the premise of sponsored employment – you are brought into the country because of your unique skills and the specific needs of your employer. However, the Australian immigration system recognises that circumstances change.
Before you leap into a new role, your prospective employer must nominate you for a sponsored position. This involves them demonstrating to the Department of Home Affairs (the Department) that they cannot fill the position locally and that the role aligns with your skills and qualifications.
Following the nomination, you must apply for a new visa linked to your new employer’s nomination. It’s crucial that your new role is within the same visa subclass as your current position. Approval is subject to the Department’s assessment, ensuring the switch meets all regulatory requirements.
It’s imperative to keep the Department informed. Visa holders are required to notify the Department of any changes in their employment situation. This transparency is key to maintaining the integrity of your visa status.
Ensure that your visa remains valid throughout this transition period. If your visa is nearing its expiry, you might need to explore options to renew or extend it, in line with your new employment.
Your new job offer must fall within the list of eligible occupations for your specific visa category. This list reflects Australia’s current skill shortages and is periodically updated.
Your new employer must provide evidence of having tested the local labour market (Labour Market Testing), prioritising Australian workers for the role, unless an international treaty exempts them.
Tips from us – BE SMART! Given the complexities and potential timeframes involved in changing employers, it’s wise to start the process well before you intend to make the move. Navigating the intricacies of immigration law can be daunting. Consulting with a migration agency can provide clarity, ensuring your transition adheres to all legal requirements. Maintain open communication with both your current and prospective employers. Transparency will facilitate a smoother transition for all parties involved.
While changing jobs as a sponsored worker in Australia is certainly possible, it’s enveloped in a framework designed to balance the needs of the Australian labour market with those of international workers. It’s a pathway that demands careful consideration and adherence to procedural and regulatory requirements.
At Regional Migration Australia we’re dedicated to guiding you through these transitions, ensuring your journey in Australia continues to be both rewarding and compliant with all immigration policies. For personalised advice and support, reach out to our team of experts. Together, we can navigate the future of your professional journey in Australia.
Disclaimer – Content in these articles does not constitute immigration or legal advice, it is not intended as a substitute for such advice and must not be relied upon as such. This material is designed to provide informative guidelines for general informational purposes only. The information provide is accurate during the time of publication. Please consult with our Australian MARN registered agents via our content forms on our website or call on 1800 567 663 to make an appointment.
MARN – 2217877 / 1068715
