What to do if you lose your employer-sponsored job in Australia

Losing or leaving your job is stressful. When your right to work and remain in Australia is connected to your employer, the situation can feel even more uncertain.

The important thing to know is that your visa does not end automatically on your final day of employment.

Holders of Employer-Sponsored visa holders, subclass 482 and subclass 494, have a limited period to find a new sponsor, apply for another visa or arrange to leave Australia lawfully.

However, time limits still apply, so it is important to act early.

How long can I stay in Australia after losing a sponsored job?

Since 1 July 2024, eligible sponsored visa holders may be able to stop working for their sponsoring employer for:

• Up to 180 consecutive days in one period; and

• Up to 365 days in total during the visa grant period.

The 365-day limit is cumulative. This means that separate periods without sponsored employment may be added together.

Importantly, the 180-day period does not extend your visa expiry date.

For example, if your visa expires in 60 days, you do not automatically receive the full 180 days. You must act before the earliest applicable deadline.

Can I work for another employer after my sponsored employment ends

After your sponsored employment has genuinely ended, you may work for another employer.

This may include work outside your nominated occupation while you look for a new sponsor or consider another visa pathway.

However, this flexibility applies only after your employment with the sponsoring employer has ended. It should not be treated as permission to take unrelated work while you are still employed by your sponsor.

Other conditions may also apply, including regional work requirements, professional registration and occupational licensing rules.

Before starting a new job, check your visa conditions and obtain advice about how the role may affect your migration plans.

Pathway one: Find a new sponsoring employer

For many visa holders, the preferred option is to find another employer willing to provide sponsorship.

The new employer may need to:

• Be or become an approved sponsor
• Offer a genuine eligible position
• Meet salary and employment requirements
• Complete labour market testing where required
• Lodge a new nomination application

Changing employers is often called a “visa transfer”, but this is not technically correct. Your visa is not transferred from one business to another.

What changes is the nomination. The new employer must lodge a new nomination application for the position. If that nomination is approved, your existing visa continues with the same conditions, expiry date and nominated occupation, but with the new employer becoming your sponsor.

A new visa application may also be required if your current visa is close to expiring, if you are changing occupations, or if the proposed role does not align with your current visa arrangements.

Before relying on an employer’s offer, confirm:

• Whether the business is already an approved sponsor
• Which occupation it intends to nominate
• Whether the role and duties match that occupation
• When the nomination application will be lodged
• Whether you also need to lodge a new visa application

A verbal promise of sponsorship is not enough. To continue complying with your visa conditions, the new employer’s nomination application must be lodged before your 180-day transition period ends.

Pathway two: Apply for a different visa

Employer sponsorship may not be your only option.

Depending on your circumstances, you may be eligible for another visa, such as:

• A Partner visa
• A General Skilled Migration visa
• An Employer Nomination Scheme (subclass 186) visa
• Or another suitable temporary or permanent visa

Applying for a new visa while you are onshore is not always straightforward. You will need to consider factors such as:

• Your current visa conditions
• Your visa expiry date
• Your eligibility for a bridging visa
• Any conditions that may apply once your current visa expires
• How the application may affect your ability to work, travel or remain on a pathway to permanent residence.

The fastest option is not always the best long-term option. Before applying, ask a registered migration agent for guidance and advice on the most appropriate way to proceed based on your circumstances and future plans in Australia.

Pathway three: Leave Australia lawfully

If you cannot find a new sponsor and do not qualify for another suitable visa, you may need to leave Australia.

You should arrange your departure before:

• Your visa expires
• The permitted 180 day period ends
• You reach the cumulative 365-day limit

Becoming unlawful can create serious complications, including difficulties with future visa applications.

Leaving Australia lawfully may help protect your ability to apply for another visa from overseas in the future.

What should you do immediately?

1. Check VEVO and your visa grant letter

Confirm your:

• Visa subclass
• Visa expiry date
• Visa conditions
• Work restrictions
• Regional requirements

Do not rely only on information provided by your employer or recruiter.

2. Record your final employment date

Keep written evidence of your final day, including:

• A resignation or termination letter
• Redundancy correspondence
• Your final payslip
• Emails confirming your last working day

The 180-day period is connected to when your employment ends, so accurate records are important.

3. Calculate your deadlines

Track more than the 180-day period

• Your visa expiry date
• Any earlier periods without sponsored employment
• Nomination preparation time
• Professional registration renewal dates

4. Start looking for a sponsor early

Sponsorship can take time. A prospective employer may need to assess the position, complete advertising and prepare nomination documents.

Do not wait until the final weeks of your 180-day period.

5. Review other visa options

Another sponsored role may not be your only pathway.

Your age, occupation, qualifications, English ability, relationship status and regional location may create other opportunities.

Do licensing and registration rules still apply?

Yes. Visa flexibility does not override Australian licensing or professional registration laws.

If your occupation requires a licence, registration or professional membership, you must continue to meet those requirements.

This is especially important in regulated industries such as:

• Healthcare
• Education
• Construction
• Electrical and plumbing trades
• Engineering
• Legal and financial services

You must not perform work that would be unlawful without the required authorisation.

What must the former employer do?

A sponsoring employer must notify the Department of Home Affairs within 28 days of the sponsored employment ending.

Some sponsorship obligations may also continue after the employee’s final day.

For example, the employer may be required to pay reasonable and necessary departure travel costs after receiving a valid written request.

Employers should not assume that all sponsorship responsibilities end when the employment contract finishes.

Common mistakes to avoid

Sponsored visa holders should avoid:

• Assuming their visa was cancelled immediately
• Assuming they will always receive a full 180 days
• Waiting until the last minute to find another sponsor
• Treating a job offer as proof that sponsorship is approved
• Ignoring regional or licensing conditions
• Changing occupations without advice
• Overlooking the effect on permanent residence
• Remaining in Australia after their visa expires

Frequently Asked Questions

How long can I stay after losing my sponsored job?

Eligible subclass 482 and subclass 494 visa holders may have up to 180 consecutive days during one period, subject to a maximum of 365 days across the visa period.

Your existing visa expiry date still applies.

Can I work for another employer?

You are permitted to work for another employer after your sponsored employment ends. However, other visa conditions, regional requirements and licensing laws may still apply.

Do I need a new visa when changing sponsors?

Not always.

A new nomination may be sufficient in some circumstances, but a new visa may be required if your current visa is expiring, your occupation changes or the proposed arrangement does not match your existing visa.

What happens if I cannot find another sponsor?

Before the permitted period ends, you will generally need to obtain another suitable visa, return to compliant sponsored employment or leave Australia.

This article provides general information only and does not constitute migration or legal advice. Visa requirements may change, and the right pathway will depend on your individual circumstances.

If your sponsored employment has ended, obtain advice from our MARA registered agents about your visa conditions, work rights and available pathways as early as possible. You can contact them on [email protected] or give them a call on +44 (0) 20 7759 5307, +27 (0) 21 657 1526 or +61 (0) 3 8651 4500.