Australian Immigration Daily News

Summary of the Migration Amendment (Work Related Visa Conditions) Regulations 2024

Effective Date: 1 July 2024

Purpose: The Migration Amendment (Work Related Visa Conditions) Regulations 2024 introduce significant changes to the Migration Regulations 1994 to enhance the labour market mobility of temporary migrants holding certain employer-sponsored visas. These amendments aim to reduce dependency on a single employer, address power imbalances, and provide greater flexibility for visa holders to change employers without risking their lawful status in Australia.

Key Changes:

1. Extension of Work Cessation Period:

   • Temporary migrants under Subclass 457 (Temporary Work (Skilled)), Subclass 482 (Temporary Skill Shortage), and Subclass 494 (Employer Sponsored Regional (Provisional)) visas can now cease working for their sponsoring employer for up to 180 consecutive days, increased from the previous 60 or 90 days.
   • The total period during which a visa holder can cease to work in accordance with their visa conditions must not exceed 365 days during the validity of their visa.

2. Increased Flexibility:

   • During the 180-day period, visa holders may work for employers other than their sponsoring employer and in occupations other than those specified in their nomination.
   • This flexibility allows visa holders to seek new employment opportunities, report exploitation, and leave exploitative work environments without the immediate threat of losing their visa status.

3. Human Rights Compatibility:

   • The amendments aim to protect the right to work and ensure just and favourable conditions of work by reducing the power imbalance between employers and migrant workers.
   • The regulations support the rights to equality and non-discrimination by allowing sponsored workers greater flexibility in their employment arrangements.

4. Consultation and Compatibility:

   • Extensive consultations were conducted with relevant stakeholders, including Commonwealth agencies and the Department of Employment and Workplace Relations (DEWR), to ensure the changes are well-informed and effective.
   • The amendments are part of a broader package of reforms to address migrant worker exploitation, complementing the Migration Amendment (Strengthening Employer Compliance) Act 2024.

Implementation and Transition:

• The amendments apply to visas granted on or after 1 July 2024 and to existing visas for the remaining validity period after this date.
• Any period of ceased employment before 1 July 2024 does not count towards the new 180 consecutive day or 365 total day limits.

Conclusion: The Migration Amendment (Work Related Visa Conditions) Regulations 2024 provide much-needed flexibility for temporary migrant workers, empowering them to seek better employment opportunities and report exploitation without the risk of losing their visa status. These changes reflect the government's commitment to improving labour market mobility and protecting the rights of temporary migrant workers in Australia.

Source: Migration-Amendment-Work-Related-Visa-Conditions-Regulations-2024.pdf and

Migration-Amendment-Work-Related-Visa-Conditions-Regulations-2024-Explanatory-Statement.pdf