A question we’re often asked about the old 457 and now the TSS visa is can visa holders leave their current employer and work for someone else. This could be for many reasons such as being unhappy with their employer, not having an opportunity to change positions and roles or they may have have received a better job offer from another employer.

It is possible to change employers (sponsors) but there are strict rules and regulations which must be followed. This is because the TSS visa has condition 8607 attached. This means that you must work only for the employer who most recently nominated you. The 8607 condition mean that TSS visa holders who wish to change occupation (as opposed to employer), must have a new nomination approved and a new visa granted before they start work in a new occupation. The new employer also risks sanctions or fines if it employs a visa holder in breach of the visa holders’ work conditions.

When you find a new employer willing to sponsor (and nominate) you, the business must be (or apply to be) an approved TSS Business Sponsor and nominate you for the position they want you to fill.

They must also be able to show that the business has a genuine need for someone in your position and evidence that they have tested the market and have found no one locally. This is known as Labour Market Testing). Unlike the 457 visa, you cannot link a new nomination to your current TSS 482 visa and you may only move to the new employer once the new nomination and visa have been approved but not before.
If you need advice or have an urgent concern about your current 457/TSS visa or your work situation, please contact SMC for professional advice.