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Harsh Sureka

482 Nomination transfer filed but 60 days over

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I am changing employer on a 482 short term visa. My visa is valid till Oct-2021. I stopped working for my old employer in mid-December'2020. My new employer filed the application for change in sponsorship on 27th January'2021. Still no response from the department & today is 4th Feb. My 60 days get over on 13th Feb.

1. As per the department website, a new nomination needs to be 'LODGED' before 60 days. Does it need to get approved within 60 days as well?

2. Do I need to inform the department personally as well that I have stopped working for my previous employer?

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Hi Harsh, 

It's the obligation of your previous sponsoring employer to inform the Department of your employment ending. 

Visa condition 8607 means you can't cease work for more than 60 days. Given you aren't permitted to work for your new sponsoring employer until the nomination application has been approved, and you have already lodged that nomination application, it's unlikely (and unreasonable) for the Department to cancel your visa simply because their processing times have forced you to breach this condition.

If you do find yourself yourself in a situation where the 482 visa has been cancelled, you will need to get expert advice from a Registered Migration Agent because the next steps will not be straight forward for discussion over a public forum. Your case will need to be carefully assessed and your options mapped out for you - not impossible but, not basic either. 

Based on your information I think you'll be fine but, if you have any questions feel free to reach out.  

Josie Marr | MARN 1172798
Principal and Registered Migration Agent
Astra Australia Immigration 


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