Employer Sponsored Visas, such as the 482 (Skills in Demand) visa & the 494 (Skilled Employer Sponsored Regional) visa ties your work rights to your sponsor and your nominated occupation.
If your employment ends — whether it be resignation, redundancy, or a restructure — you still have options, however timing and sequencing matter.
What happens when employment ends
Understood. Here’s a clean, explanatory version in straight professional language:
If you are no longer working for your sponsoring employer, you have up to 180 consecutive days at a time (capped at 365 days in total across your current visa) to secure a new sponsor or lodge a new visa application.
During this period, you may work for another employer or in a different occupation. However before this period lapses, you must ensure that either a new nomination and/or a new visa has been lodged and, if applicable, granted.
If you have spent more than 180 days (or 365 days over the life of the visa) without working for your sponsoring employer or in the nominated occupation, you will be in breach of visa conditions – which could trigger a cancellation action from the Department.
Your options
Move to a new sponsor.
If you find a new sponsor willing to employ you, they can lodge a new nomination for the same occupation. If the role is in a different occupation, they must lodge a new nomination and you will need to apply for a new visa that matches that occupation, if you are eligible.
You may start working for the new employer during your 180/365-day allowance and continue while the nomination and/or visa is being processed. Once that allowance ends, the new nomination must be approved or a new visa must be granted.
Switch visas.
If your circumstances allow you to lodge another visa application, you can do so and, once granted, you will move onto that visa and its conditions. Note that some visas have long processing times.
NOTE: If the new visa is not granted before the 180/365-day window ends, and the Department becomes aware that you are in breach of the work condition on your current sponsored visa, it may still commence cancellation action—even if a new visa application is pending.
Leave and return later.
You can depart Australia and re-enter on a new visa. To resume sponsored work, you would need an approved nomination and a new work visa (for example, a 482 or 494) granted before you start work.
If you return on a non-work visa, you must check your visa conditions as to work entitlements.
When Changing Employer
You should get a clear offer with duties, salary and location. Confirm the new employer is (or will become) an approved Standard Business Sponsor, and have them lodge the nomination for your role. If the occupation is the same as your current nominated occupation, a new visa may not be required; if it is a different occupation, you will generally need to apply for a new visa that matches the new role (if you are eligible).
You may start working for the new employer within your 180-day allowance, noting the 365-day cap across the life of your visa, and continue while the nomination and/or visa is being processed. Keep thorough evidence of start and end dates, payslips and duty statements, as this is often needed later, including for permanent residence.
If the 180/365-day window lapses
Going over the limit without remedy doesn’t always trigger instant cancellation. If you’re in Australia, the Department will usually issue a Notice of Intention to Consider Cancellation (NOICC) first.
If you recieve a NOICC, you’ll usually have 5 days to respond and explain your circumstances, plans and compliance. However, if you have been living in Australia, in breach of your visa conditions, then it will be very difficult to argue against cancellation.
If you’re outside Australia, the Department can cancel without prior warning, and you may only be able to seek revocation after the fact.
Be prepared: keep your contact details current, and act early so you’re not relying on discretionary outcomes.
Sponsor obligations (for employers)
Notify the Department of Home Affairs within 28 days when a sponsored worker ceases employment (actual or expected end date). Keep records, cooperate with any compliance checks, and meet sponsorship obligations (including equivalent terms and conditions and prescribed costs). Where a multi-year nomination ends early, a partial SAF levy refund may be available for unused full years.
Protect your permanent residence plans
Many 482 visa holders move to permanent residence through the Employer Nomination Scheme (subclass 186), usually via the Temporary Residence Transition stream, once time in role, occupation settings, earnings and age requirements are met under Australian immigration laws & policy.
If you hold a Subclass 494, the usual pathway is Permanent Residence (Skilled Regional) (subclass 191) after meeting the regional period and taxable income requirements.
Breaks in employment, changes in occupation or sustained under-market pay can pause or reset qualifying periods and, in some cases, end eligibility. Build a plan early, keep contemporaneous records (duties, dates, hours and payslips), and review it whenever your role, pay, hours, location or employer changes.
How Leyton Stone Law can help
We act quickly to keep you lawful and on track. We map your dates against the 180/365 settings, verify the new role for occupation and salary compliance, and line up the nomination transfer. We brief the employer on sponsorship status, genuine-need evidence, market-rate analysis and (if required) Labour Market Testing. We prepare decision-ready packs for you (skills, experience, licensing, health/character, English) and for the business. If PR is the goal, we plan that pathway at the outset and keep your eligibility aligned under Australian immigration laws & policy.
Disclaimer: The information in this article is general in nature and does not constitute legal advice. Immigration matters can be complex — you should seek advice from a registered migration agent or immigration lawyer about your individual circumstances before making any decision.
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