Overview
A Skills in Demand (SID) visa (subclass 482) holder is sponsored by a specific approved sponsor and nominated for a specific position. The visa is linked to the nomination — it is not a free-standing work right that allows the holder to work for any employer. When the employment relationship ends, both the sponsor and the visa holder have obligations and options.
The sponsored worker's visa does not automatically cancel when employment ceases — the visa remains valid, and the worker has a period to either find a new sponsor, change their visa status, or make arrangements to depart Australia. For current DHA guidance, refer to immi.homeaffairs.gov.au/sid-482-change.
Legal basis
- Migration Regulations 1994 — the sponsorship obligations applying to standard business sponsors, including the notification requirement
- DHA: Change in situation — Skills in Demand visa (subclass 482) — immi.homeaffairs.gov.au/sid-482-change
- DHA: Sponsorship obligations — immi.homeaffairs.gov.au/sponsor-obligations
How it works
Sponsor's notification obligation
When a sponsored worker ceases employment (whether by resignation, termination, redundancy, or any other means), the sponsor must notify DHA within 28 days. The notification is submitted through the sponsorship obligations reporting mechanism in ImmiAccount. The sponsor selects "Cessation of employment of sponsored person" and provides the relevant details — nomination reference and employee information.
Failure to notify within 28 days is itself a breach of sponsorship obligations, even if the underlying cessation was for a legitimate reason. The 28-day clock runs from the date of cessation, not from the date the sponsor becomes aware of the obligation.
The sponsored worker's options after cessation
The subclass 482 visa does not automatically cancel when the employment ends. The visa remains valid until its stated expiry date. However, because the visa is linked to the specific nomination, the holder is in a different position than before — they are no longer working in their nominated occupation with their nominated sponsor, which may affect visa conditions. DHA allows a period (often referred to as a grace period) for the visa holder to:
- Find a new approved sponsor: The most common path — the worker finds a new employer who is an approved sponsor, that employer lodges a new nomination for the worker, and if the nomination is approved, the worker continues under the same subclass 482 visa (or may need a new visa depending on stream and circumstances).
- Apply for a different visa: The worker may have grounds to apply for another visa — for example, a partner visa, a student visa, or another work visa — before their current 482 visa expires.
- Depart Australia: If the worker cannot find a new sponsor or obtain a new visa, they should depart before their visa expires to avoid becoming unlawful.
Transferring to a new sponsor
To transfer to a new approved sponsor, the new sponsor must:
- Be an approved standard business sponsor (or apply to become one)
- Lodge a new nomination for the worker for a position that matches the worker's skills and occupation
- Comply with all nomination requirements — including labour market testing (if the occupation is on the CSOL) and equivalent salary conditions
The worker continues to hold their existing subclass 482 visa while the new nomination is assessed. If the new nomination is approved, the worker can begin working for the new employer. DHA guidance on whether a new visa application is also required in transfer situations should be checked at the DHA change in situation page.
Other changes in situation
Change in situation also covers other circumstances — such as a significant change in the worker's duties (which may require a new nomination if the duties are materially different from the nominated position), changes to the sponsor's business structure, or a change in the nominated occupation or location. Sponsors should review their obligations if any of these changes occur and notify DHA within 28 days if required.
Related pages
Visa holders who cease employment should act promptly — waiting for the 60-day period to elapse before taking action may leave insufficient time to arrange a new sponsorship or alternative visa. The appropriate course depends on the individual's circumstances and should be confirmed with reference to the current DHA guidance and, where necessary, a registered migration agent.
For current DHA guidance on change in situation procedures, forms, and any recent policy changes, refer to the Skills in Demand change in situation page.