Is this your situation?
You hold a visa with condition 8107 and you want to change employers or take a different role. Maybe your current employer is underpaying you, not providing the work you were nominated for, or treating you poorly. Maybe you have found a better opportunity. But you have been told that your visa only allows you to work for your specific sponsor in the specific occupation you were nominated for.
You feel trapped. You want to leave your employer but you are worried about losing your visa.
What condition 8107 does
Condition 8107 is attached to employer sponsored visas (such as subclass 482 and 494) and restricts you to working for the employer who sponsored you, in the occupation you were nominated for. If you stop working for that employer, change to a different occupation, or start working for someone else, you breach the condition.
This condition exists because the visa was granted on the basis that you would fill a specific labour need for a specific employer. The Department wants to ensure that employer sponsored visa holders are actually working in the role they were sponsored for.
What happens if you breach it
A breach of condition 8107 can lead to visa cancellation under section 116. The Department can issue a NOICC and, if unsatisfied with your response, cancel the visa. A cancellation goes on your record and triggers section 48 restrictions.
However, the Department has recognised that some visa holders are in difficult situations with their employers. If your employer is not meeting their sponsorship obligations (not paying you the guaranteed annual earnings, not providing the nominated work, workplace safety problems, or exploitative behaviour), you have options.
Your options
Transfer to a new sponsor. If another employer is willing to sponsor you in the same or a similar occupation, you can apply for a new nomination and visa with the new sponsor. The timing of this matters. Ideally, you should have the new nomination approved before you stop working for your current sponsor. A migration agent can help manage this transition.
Report the employer. If your current employer is not meeting their sponsorship obligations, you can report this to the Department or the Fair Work Ombudsman. Reporting is important because it creates a record that explains why you left the employer, which is relevant if the Department later questions why you are not working in your nominated occupation.
Apply for a different visa. If you are eligible for another visa category (for example, skilled migration based on your own qualifications and experience), you can apply for that visa while still on your employer sponsored visa.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) can advise on how to manage a change of employer without putting your visa at risk. If your employer is not meeting their obligations, he can advise on reporting and on finding a new sponsor. Call (07) 3519 7009.
FAQ
Q: Can I work for a different employer while waiting for a new nomination?
This depends on your visa conditions and any bridging visa arrangements. Working for a different employer without authorisation while condition 8107 applies is a breach. Get specific advice before starting work with anyone other than your current sponsor.
Q: What if my employer threatens to cancel my visa if I leave?
Your employer does not cancel your visa. Only the Department can cancel a visa. Your employer can withdraw their sponsorship, which may trigger a review of your visa, but the cancellation decision is the Department’s. If you are being threatened, this may constitute workplace exploitation and should be reported.
