Labour market fluctuations are common and can vary between the east coast and west coast of Australia. At any one time, they may not perform the same economically. It’s a perfectly normal situation, however there are ramifications that affect the labour force, in particular migrant workers.
Australia’s labour market is currently experiencing some weakness mainly due to a slow-down in the private sector and a dependence on government-supported jobs. This effects of this seem to be more prevalent on the east coast.
In contrast to the east coast, the labour market in Western Australia has been particularly strong over the last few years – rated Australia’s top performing economy for the last three quarters in a row by CommSec. The many projects confirmed to go ahead will only make the west coast economy stronger still.
When the labour market experiences weakness, this can lead to a lack of work. When the work runs out this can often lead to redundancy or there may still be work but confidence in that work continuing may be low. Many in this situation will look to pick up work elsewhere.
Given WA’s positive outlook, many opt to go to Western Australia where the labour market is still quite strong.
Sponsored migrant workers finding themselves in this situation can also relocate geographically to be guaranteed more work. To do so, they need to find a new sponsor. While there may be another employer willing to take on a foreign worker, the process of changing sponsors needs to be managed carefully to ensure migrant workers don’t become illegal or breach work rights.
How Do Migrant Workers Change Sponsors?
For foreign workers, changing jobs or employers isn’t as simple as just applying for a new job. Migrant workers need to find an employer that is willing to sponsor them. There is a process that applies to employees, their current sponsor and their future sponsor.
If an employer stops sponsoring an employee due to a lack of work or the employee resigns, the sponsor must notify the Department of Home Affairs within 28 days.
The sponsored worker has up to 180 days from the date they finish working with their current employer to find another approved sponsor to nominate them. Until this time, the current sponsor must continue to meet sponsor obligations for the visa holder and their dependents.
Visa holders do not need to submit a new visa application unless their current visa is due to expire. If a visa holder is moving from a labour agreement to a standard business sponsor employer, then they will need to lodge a new visa application.
If a business is willing to take over the sponsorship of a foreign worker, whether they are sponsored by another employer or under a labour agreement they must be an approved sponsor and lodge a nomination. Employees cannot begin working for their new employer until the nomination and sponsorship has been approved.
The Department of Home Affairs needs to be advised and kept up-to-date with any changes in circumstances including a change in sponsorship.
Don’t Forget About Work Rights!
While foreign workers can switch sponsors, they also need to be mindful of the work rights attached to their visa and ensure they do not breach them.
Each visa has its own conditions when it comes to employment. A visa may limit:
- The type of work visa holders can undertake in Australia
- How many hours visa holders can work
- What occupation visa holders can hold
- How long visa holders can work for a particular employer
While work rights typically last for the duration of the visa, the type of visa the applicant holds will determine the specific conditions of employment. It’s important that visa holders are aware of the conditions of their visa and how they relate to employment.
If a visa holder is found in breach of their work rights it can result in visa cancellation, detention, a ban on re-entering Australia for a certain period of time and impact future visa applications.
In 2024, changes to immigration policy were introduced, some of which applied to visa work conditions and sponsor changes for the subclass 482 and 494 visas. To learn more about those changes visit the blog on the Visa Solutions website.
The process of changing business sponsors can be complex, and all circumstances are different. At Visa Solutions Australia, we specialise in helping businesses and foreign workers with all matters pertaining to business visas and employer sponsored visas. We assess each situation and ensure that all facets of the sponsorship and nomination process have been addressed to ensure foreign employees remain lawful.
To learn more about any aspect of immigration, contact the experienced team of registered migration agents at Visa Solutions Australia. Book a consultation.
