What is condition 8607?

Condition 8607 is a new condition that it is anticipated will apply to all primary TSS visa holders. It is similar to condition 8107, which currently applies to subclass 457 visa holders. Subject to final drafting of the regulations, however, condition 8607 will require TSS visa holders who wish to change occupation (as opposed to employer), to have a new nomination approved and a new visa granted before they start work in a new occupation.

8607 

(1)  The holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder.

(2)  Unless subclause (3) applies, the holder must:

(a)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Labour Agreement stream—work only for the person who nominated the nominated occupation; or

(b)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short-term stream or Medium-term stream and the person who nominated the nominated occupation was an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business; or

(c)  if the most recent Subclass 482 (Temporary Skill Shortage) visa granted to the holder is in the Short-term stream or Medium-term stream and the person who nominated the nominated occupation was not an overseas business sponsor at the time the nomination was approved—work only in a position in the person’s business or a business of an associated entity of the person.

(3)  This subclause applies if:

(a)  the nominated occupation is an occupation specified by the Minister in an instrument made under subregulation 2.72(13); or

(b)  the holder is continuing to work for a person for the purpose of fulfilling a requirement under a law relating to industrial relations and relating to the giving of notice.

(4)  Subject to subclause (6), the holder must commence work within:

(a)  if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

(b)  if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted.

(5)  If the holder ceases employment, the period during which the holder ceases employment must not exceed 60 consecutive days.

(6)  If the holder is required to hold a licence, registration or membership (an authorisation) that is mandatory to perform the nominated occupation in the location where the holder’s position is situated, the holder must: 

(a)  hold the authorisation within:

(i)  if the holder was outside Australia when the visa was granted—90 days after the holder’s arrival in Australia; or

(ii)  if the holder was in Australia when the visa was granted—90 days after the holder’s visa was granted; and

(b)  continue to hold the authorisation while the holder is performing the occupation; and

(c)  notify Immigration, in writing, as soon as practicable if an application for the authorisation is refused; and

(d)  comply with each condition or requirement to which the authorisation is subject; and

(e)  not engage in work that is inconsistent with the authorisation, including any conditions or requirements to which the authorisation is subject; and

(f)  notify Immigration, in writing, as soon as practicable if the authorisation ceases to be in force or is revoked or cancelled.