If you’re in Australia on a sponsored work visa and your job isn’t working out — or a better opportunity comes along — you may be wondering whether you’re stuck with your current employer. The short answer is no.
Here’s what you need to know.
Yes, you can change employers
Your visa is tied to your sponsoring employer, but it is not a life sentence. You can move to a new employer — if the new employer is an approved sponsor and lodges a valid nomination for your occupation.
You do not need to apply for a new visa just to change employers. The new nomination is what updates your sponsorship.
The 180-day rule
From 1 July 2024, the rules around the gap between jobs became significantly more generous. If your employment ends — whether you resign, are made redundant, or are dismissed — you now have up to 180 days to find a new sponsor before you are required to leave Australia or apply for another visa.
Previously this was just 60 days, which left many workers in a very difficult position.
A few important details:
- The 180 days applies per change of employer — the period resets each time
- The maximum total across your entire visa grant period is 365 days
- During this period, you can work for any employer — you are not restricted to your nominated occupation or an approved sponsor while you look
- However, time spent working for a non-sponsoring employer does not count towards permanent residency requirements
How to change employers — step by step
- Find a new employer who is either already an approved standard business sponsor, or willing to become one
- The new employer applies for sponsorship (if not already approved)
- The new employer lodges a nomination for your position and occupation
- Once the nomination is approved, your sponsorship transfers to the new employer
- You begin work with the new employer under your existing visa
You do not need to leave Australia during this process.
What if I can’t find a new sponsor in time?
If the 180 days passes and you haven’t secured a new sponsor, you will need to either apply for a different visa or depart Australia. If you think this situation is approaching, speak to a migration agent early — there may be options depending on your circumstances.
Temporary Activity visa (subclass 408) — Workplace Justice Pilot
If you are on a temporary visa and have experienced workplace exploitation, there is a specific visa designed to help you stay in Australia long enough to pursue your claim. This is the Temporary Activity visa (subclass 408), Australian Government Endorsed Events — Workplace Justice Pilot stream.
This visa allows temporary visa holders who have experienced workplace exploitation to remain in Australia while they take action against their employer. It removes the pressure of visa expiry as a barrier to seeking justice.
What counts as workplace exploitation
The following matters are formally recognised under the legislation:
- Underpayment or non-payment of wages or other workplace entitlements
- Unlawful unpaid or underpaid training or trials
- Up-front payment or deposit for a job
- Misclassification of workers as independent contractors instead of employees
- Unlawful deductions from wages
- Unfair dismissal
- Non-compliance with workplace health and safety requirements
- Bullying
- Sexual harassment
- Discrimination
- Coercion, undue influence or pressure, or misrepresentation
How long you can stay
- Up to 6 months if remaining in Australia is beneficial to pursuing your claim
- Up to 12 months if remaining is necessary for the claim and in the public interest
Who can apply
To be eligible you must:
- Be physically present in Australia when you apply
- Hold a substantive visa with no more than 28 days remaining, or a visa that expired less than 28 days ago
- Have experienced a qualifying workplace exploitation matter
- Provide a certification from an approved government agency or accredited third party confirming your situation and why it is necessary or beneficial for you to remain in Australia
Who can certify your matter
Certification can be provided by participating government agencies or accredited third parties. Examples include the Fair Work Ombudsman, the Australian Workers’ Union, and the Human Rights Law Centre.
Work rights while on this visa
Holders of the Workplace Justice visa can work unrestricted hours, in any occupation, and for any employer — including self-employment. Family members who are in Australia can also be included in the application.
How to access it
Before applying, you need to contact a participating agency or accredited third party about your exploitation matter. They will assess your situation and, if appropriate, issue the required certification. You then apply to the Department of Home Affairs for the visa using that certificate.
More information: immi.homeaffairs.gov.au
Summary
Being on a sponsored visa does not mean you are tied to one employer or without rights. You can change employers, you have 180 days to find a new sponsor if your job ends, and Australian workplace law applies to you in the same way it applies to any other worker. If you experience exploitation and your visa is running out, the subclass 408 Workplace Justice Pilot exists specifically to give you time and stability to pursue your claim.
Not sure where you stand?
Whether you’re thinking about changing employers, dealing with a difficult workplace situation, or just want to understand your rights before something goes wrong, I can help you make sense of where you stand.
This article is general information only and does not constitute migration or legal advice. Visa conditions, salary thresholds, and pilot program eligibility can change. Always verify current rules with the Department of Home Affairs and the Fair Work Ombudsman and seek professional advice for your specific circumstances.
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