Summary
180 days
Max single period outside sponsor conditions
365 days
Max total across whole 482 visa period
1 Jul 2024
Start date of updated Condition 8607 rules
Key rules of 482 visa Condition 8607 (DHA 4 Sept 2026)
Who Condition 8607 applies to on the 482 visa
Condition 8607 applies to holders of both the older Temporary Skill Shortage visa (subclass 482) and the newer Skills in Demand visa (subclass 482). Work rights are not the same as an open work visa – work is tied to the sponsoring employer, the nominated occupation and the conditions on the visa grant.
Core idea of Condition 8607
A 482 visa is not an open work visa – it is anchored to the nominated occupation, sponsoring employer and strict time limits when employment ends.
Working only in the nominated occupation
The Migration Regulations require a subclass 482 holder subject to Condition 8607 to work only in the nominated occupation identified in the nomination for the most recent subclass 482 visa granted. For the Skills in Demand visa, the same rule applies to the nominated occupation under the most recent 482 grant.
- If the most recent 482 visa was granted for Chef, work should not shift to Restaurant Manager without a new nomination and visa grant.
- If the visa was granted for Software Engineer, moving into predominantly helpdesk, sales or project coordination duties can be risky if the role no longer matches that occupation.
- Promotions that change the real duties may change the occupation, even if the job title sounds similar.
Occupation changes need a new visa grant
Working for the sponsor or associated entity only
Condition 8607 also requires the visa holder to work only for the person who nominated them or an associated entity, unless an exemption applies. The official Skills in Demand visa page confirms that holders must generally work only for their sponsor or associated entity unless exempt, even if the work is in the same occupation.
This directly affects casual side work, freelance projects, weekend shifts or second employer offers. A 482 visa holder performing the same type of work for a different business, where no exemption applies, can still run into visa compliance problems.
The 180-day and 365-day rules after employment ends
From 1 July 2024, Condition 8607 was amended to allow affected 482 visa holders to stop working in accordance with their sponsorship conditions or work outside those conditions for up to 180 consecutive days at one time and up to 365 days in total during the visa period when employment ends.
| Rule after employment ends | Current limit / purpose |
|---|---|
| Maximum single period outside sponsorship conditions | Up to 180 consecutive days |
| Maximum total outside sponsorship conditions during visa period | Up to 365 days |
| Applies from | 1 July 2024 |
| Purpose of flexibility | Time to find new sponsor, apply for another visa or depart Australia |
| Key risk | Do not exceed the allowed time or a breach may occur |
Lowest since September 2025. The change replaced the previous 60‑day pressure many sponsored workers faced, giving more breathing space after redundancy, resignation, dismissal or other employment termination events.
Two limits – both must be tracked
| Example scenario | What to watch |
|---|---|
| One job loss lasting 120 days | Within 180 days, but the 120 days count toward the 365‑day total. |
| Later job loss lasting 100 days | New combined total becomes 220 days toward the 365‑day cap. |
| Multiple gaps across visa period | All relevant days may accumulate toward the 365‑day limit. |
| One gap over 180 days | Can breach the single‑period 180‑day limit. |
| Total gaps over 365 days | Can breach the total visa‑period 365‑day limit. |
The legislative explanation states this change supports worker mobility by giving holders time to find a new sponsor, apply for another visa or depart Australia.
This flexibility is not a permanent open work arrangement. It is a time‑limited window to arrange the next lawful step. The period is finite; going beyond the allowed time may mean a breach of visa conditions.
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Calculate PointsHow Condition 8607 affects 482 visa work, job changes and gaps
Job changes, promotions and occupation drift
Many 482 visa holders only read Condition 8607 after issues such as job loss, workplace conflict, salary disputes or a new employer offer. Our analysis of ImmiIQ data shows that misunderstandings often arise where promotions or role changes gradually shift duties away from the nominated occupation without a matching nomination and visa process.
A new title alone does not determine the occupation; the actual duties do. Moving from a hands‑on technical role into management, or from one hospitality role into a broader operations role, may change the occupation classification and create compliance risk if no new nomination and visa grant have occurred.
Why the employment end date and evidence matter
When employment ends, the exact date becomes critical because it drives both the 180‑day and 365‑day counts. Visa holders may wish to keep documents such as termination letters, resignation acceptances or final pay records that clearly show when employment ended.
Employers also have sponsor obligations when a sponsored worker’s employment ends. Relying only on verbal conversations can create confusion. Clear written evidence helps align the visa holder’s own records with any notifications the sponsor makes to the Department.
Planning for a new sponsor or visa pathway
The DHA content highlights that the updated 180‑day flexibility is intended to give time to find a new sponsor, apply for another visa or depart Australia. Even though 180 days sounds long, sponsorship and nomination steps can be complex and time‑consuming.
Labour market testing, nomination preparation, salary evidence, occupation matching and visa strategy may all need review. A new job offer by itself is not enough; the new employer must complete the correct sponsorship or nomination steps before the visa holder starts working under the new approved arrangement.
Side jobs, freelance work and second employment risk
Because the 482 visa is linked to a sponsor and nominated occupation, questions about rideshare driving, freelance work, weekend shifts or casual work for another business are common. The DHA article explains that the answer depends on the visa conditions, role, payment, employer and occupation, and is not automatically permitted just because the person holds a 482 visa.
Key risk indicators for side work
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Check RequirementsPractical next steps for 482 holders, sponsors and advisers
- 01Confirm the nominated occupation on the most recent 482 grant and compare it with actual day‑to‑day duties, especially after promotions or restructures.
- 02Check which employer or associated entity is listed as sponsor before accepting any extra shifts, freelance work or second jobs.
- 03If employment has ended, calculate the days since the documented end date and track them against both the 180‑day and 365‑day limits.
- 04Where a move to a different occupation is planned, review the need for a new nomination and new 482 visa grant before starting that role.
- 05For planned resignations, consider reviewing migration steps before leaving the current sponsor so that nomination and visa timing align with the 180/365‑day framework.
Where to cross-check details
Condition 8607 now combines more generous time limits with strict occupation and employer rules. For 482 visa holders and sponsors, the message from the DHA article is clear: understand these boundaries before changing jobs, altering duties or stopping work. A breach can affect both the current visa and future visa options.
FAQ
Frequently Asked Questions
This article is for informational purposes only and does not constitute migration advice. Always consult a Registered Migration Agent (RMA) for advice specific to your circumstances.
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