New flexibility for 482 holders: extended grace period gives workers more time — but the risks remain

Vikrant Gungash
3 days ago
5 min read

By Vikrant Singh, January 07, 2026

From July 1 changes allow TSS (subclass 482) holders up to 180 days (or 365 days cumulatively) to secure new sponsorship and to work for other employers while they do — breaching condition 8607 can still lead to visa cancellation.

Australia’s Temporary Skill Shortage (TSS) visa — commonly known as the subclass 482 — now gives sponsored workers substantially more breathing room if their employment ends, following government rule changes that came into effect in mid-2024. The most important change: visa holders who cease employment with their sponsor generally have up to 180 days (consecutive) to obtain a fresh sponsorship or another lawful basis to remain in Australia, and up to 365 days in total across the life of the visa.

Those changes were introduced as part of a wider package of amendments to visa conditions 8107, 8607 and 8608 intended to improve worker protections and labour mobility. The government framed the move as a way to reduce worker exploitation and to increase productivity by allowing sponsored workers more flexibility if their employment relationship ends.

What the new rules mean (simply)

Grace window: If you stop working for your sponsoring employer, you generally have 180 days to find a new approved sponsor and have a nomination lodged/approved (the 180 days may be taken as one continuous period).
Cumulative cap: Across the whole period your visa is valid you cannot exceed 365 days off sponsorship in total (for example, multiple shorter gaps add up).
Work while between sponsors: During the permitted gap you are typically allowed to work for another employer and in a different occupation — which gives immediate earning options while searching for a new sponsor — but you should check the precise conditions that apply to your individual visa grant.
Breach risks: If you exceed the limits (180 consecutive days or 365 cumulative days) without securing a nomination or alternate visa, you will be in breach of condition 8607 — a breach that can lead the Department of Home Affairs to cancel the visa.

Why the change matters

Previously, many employer-sponsored visa holders had only a short window (commonly 60 days) to secure new sponsorship after a job ended. Extending that period to six months acknowledges the real-world difficulties foreign workers can face in finding a new sponsor and aims to reduce the urgency that could otherwise force people into exploitative arrangements. It also gives employers access to a broader pool of ready-to-work candidates.

But the new flexibility comes with caveats: time is tracked strictly, and the total 365-day cap means multiple job gaps still count against a visa holder. Immigration lawyers warn that while the rules ease short-term pressure, they do not remove the need to move quickly and to follow the required nomination and application steps.

Practical steps for visa holders

Check your visa conditions immediately: Use VEVO or your visa grant notice to confirm whether condition 8607 (or any other conditions) applies to your grant.
Notify the Department where required: If your employment ceases, make any notifications the Department asks for — failing to do so can complicate later interactions.
Start seeking sponsors straight away: Use professional networks, specialist recruiters and employer-sponsorship guides — and consider lodging an application for a different visa class if sponsorship looks unlikely.
Document everything: keep records of job searches, interviews, offers, and communications — these can help explain circumstances if the Department queries a gap. Immigration advisers recommend being able to show good-faith efforts within the grace period

What employers should know

Employers who hire a sponsored worker should ensure the new nomination process is followed to the letter. If a business employs someone who is in breach of their visa conditions (for example, beyond the permitted gap or without the required nomination), that employer can face sanctions and financial penalties. Employers should also be aware that a worker may be legally able to start with them during the permitted gap only if the visa holder’s circumstances and the Department’s requirements allow it — get legal advice before onboarding.

Edge cases and common questions

Is the 180 days always consecutive? The rule allows up to 180 days consecutively in a single period — but the overall cap of 365 days is cumulative across the visa life. That means two short gaps can add up to the cap, and one long gap can hit the 180-day threshold.
Can family members still work? Many sponsored family visa holders have work rights independent of the primary holder’s nominated occupation; check the specific visa subclass and grant conditions. The Department’s guidance and a migration adviser can confirm family entitlements.
Do gaps before July 2024 count? The government’s reforms were implemented from 1 July 2024; some commentary indicates that earlier gaps may not be counted the same way for the new tracking rules — anyone affected should seek definitive advice relevant to the dates of their visa grant.

Expert view

Migration law specialists say the policy shift is welcome because it reduces short-term vulnerability for sponsored workers. At the same time, they urge caution: the Department retains power to cancel visas for breaches, and administrative checks are likely to intensify where gaps or multiple job changes are visible. Legal counsel or a registered migration agent can guide applicants through nomination timing and compliance steps.

Bottom line

The expanded grace period for 482 visa holders represents a meaningful change that gives skilled migrants extra time and flexibility to re-enter the labour market after losing a sponsor. But it is not a licence to delay; the 180-day and 365-day limits are actively enforceable, and failing to secure a new sponsor (or another lawful visa) within those thresholds risks breaching condition 8607 — and potential visa cancellation. Visa holders and employers should act promptly, document activity and, where there is doubt, seek professional immigration advice.

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