This is one of the most frequent concerns raised by holders of employer-sponsored work visas in Australia, and the precise answer turns on a few short but decisive paragraphs in Schedule 8 of the Migration Regulations. In this section, Dr Sirous Ahmadi, Australian immigration lawyer and registered migration agent (MARA 0854826), works through the legal framework of “condition 8607” step by step: from the 180-day window and the 365-day cap to the exact moment the clock stops. The aim of this article is to make clear what rights you have in the gap between the end of your employment with your previous sponsor and the approval of your new employer’s nomination — and which red line you must never cross.
The short answer
After ceasing work with their sponsor, a holder of a subclass 482 (Skills in Demand) visa may work for other employers — and even in an occupation other than the nominated occupation — for up to 180 consecutive days, and for a maximum of 365 days in total over the life of the visa. Temporary work for your next employer before the nomination is approved is therefore lawful. However, the counting of those days stops only once a new nomination has been approved and you are working in the nominated occupation for the approved sponsor; lodging an application on its own does not pause the clock.
What the law says
The central pillar here is condition 8607 in Schedule 8 of the Migration Regulations 1994 (Schedule 8, Migration Regulations 1994). Subclause (1) provides that the visa holder must work only in an occupation nominated in relation to the most recently granted subclass 482 visa held by that person, and subclause (2) limits that work to the person who nominated the occupation, or an associated entity of that person. In addition, if the visa holder was outside Australia when the visa was granted, they must commence work within 90 days of arrival, and if they were in Australia, within 90 days of the visa being granted.
The key flexibility lies in subclause (5). The legislative text provides: the visa holder may cease to work in accordance with subclauses (1) and (2) for a period, but (a) no such period may exceed 180 consecutive days, and (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 days during the period of the visa.
This framework replaced the former rule through the Migration Amendment (Work Related Visa Conditions) Regulations 2024 — instrument F2024L00776, registered on the Federal Register of Legislation on 25 June 2024 — and has applied since 1 July 2024. The Explanatory Statement to that same instrument clarifies the scope of permitted work within this window: the Amendment Regulations provide current and future holders of these visas with a maximum period of 180 consecutive days in which they may cease work in accordance with the usual requirements of the visa conditions — which would otherwise limit their ability to work outside the sponsorship arrangement; during this period the visa holder may work outside their nominating sponsor, including in occupations not listed in their most recently approved nomination. The answer to the viewer’s question is therefore clear: working for your next employer before the nomination is approved is permitted within this window.
There is a subtle but vital legal point here: subclause (5) tolerates only “a period of not working”; that period comes to an end when the person once again works in accordance with subclauses (1) and (2) — that is, in the nominated occupation for an approved sponsor. Lodging a new nomination does not, of itself, restore the person to the status of “working in accordance with subclauses (1) and (2)”. In practice too, to transfer to a new employer in the same occupation, a new subclass 482 visa is not required if the occupation does not change, but you cannot commence work in that sponsored role until the new nomination is approved, and the new employer must lodge a fresh nomination in the same occupation, and work in the new sponsored position does not begin until the nomination is approved and any necessary visa steps are completed. For that reason, the moment the total period of not working exceeds 180 days, the visa holder is in breach of the condition — regardless of whether they were working elsewhere during that time. The consequence is equally clear: at the end of this 180-day period, if none of the available solutions has been achieved, the subclass 482 visa holder is in breach of their visa conditions and the Department may take action to cancel the visa, usually beginning with a Notice of Intention to Consider Cancellation (NOICC). The legal basis for such cancellation is section 116 of the Migration Act 1958, which treats non-compliance with a visa condition as a ground for cancellation.
Key requirements, caps and red lines
| Issue | The precise rule | Source |
|---|---|---|
| Maximum single continuous period of not working | 180 consecutive days (slightly under six calendar months) | cl 8607(5)(a), Schedule 8 |
| Cumulative cap over the life of the visa | 365 days during the period of the visa | cl 8607(5)(b), Schedule 8 |
| Working for another employer within this window | Permitted, even in an occupation not listed in the most recently approved nomination | Explanatory Statement, F2024L00776 |
| Stopping the day count | Only once a new nomination is approved and you are working in the nominated occupation for the approved sponsor; lodgement alone is not enough | cl 8607(1)–(2) and (5) |
| Commencing work after visa grant | Within 90 days of arrival (offshore grant) or 90 days of grant (onshore grant) | cl 8607, Schedule 8 |
| Mandatory licence, registration or professional membership | The requirement continues to apply; temporary work must not be inconsistent with any licensing or registration requirements for the nominated occupation | cl 8607, Schedule 8 / KPMG analysis |
| Absolute time limit | The window cannot extend beyond the expiry date of the visa itself; the condition is tied to the visa | Legal analysis based on cl 8607 |
| Days before 1 July 2024 | Disregarded and not included in the new count | F2024L00776, transitional provisions |
| Effect on the subclass 186 TRT pathway | Work for a non-approved employer is not “sponsored employment” and does not count towards the required work history | TRT stream requirements |
- 180 days, not “six months”: the count is based on consecutive days and begins on the first day you are no longer working in accordance with subclauses (1) and (2).
- Do not underestimate the 365-day cap: if you have already had periods of not working during the life of this same visa, you may have considerably fewer than 180 days available this time.
- Visa expiry takes precedence: the 180 days only run while the visa remains valid; condition 8607 is attached to the visa and cannot outlive it — if your subclass 482 visa expires in 90 days, you have 90 days, not 180.
- Transitional provisions: periods in which the visa holder had ceased work with their sponsor before 1 July 2024 are not counted towards these new periods.
- Professional requirements: visa holders must not perform work that is inconsistent with any licensing or registration requirements for their nominated occupation.
- Effect on permanent residence: temporary work for an employer without an approved nomination does not count as sponsored employment. For the TRT stream of the subclass 186 visa, you must have at least two years of qualifying sponsored employment (full-time, in Australia, while holding an eligible subclass 457/482 or bridging visa, and in the occupation for which the visa was granted) in the three years immediately before applying. The Department also emphasises, in comparing sponsored visa options, that subclass 482 visa holders can only work for you or an associated entity and only in the nominated occupation, unless exempt, and that for the subclass 186 visa the employment must be for at least two years after the visa is granted.
What this means for you
The practical meaning of this framework is reassuring: you are not required to sit idle waiting for an approval. Within the 180-day window you can earn an income, even in a different occupation, while your new employer’s nomination progresses. But as Dr Sirous Ahmadi explains, the calendar must be managed from day one, day by day: the date your employment with your previous sponsor ended, the date the new nomination was lodged, the date it is approved, the remaining balance of the 365-day cap, and the expiry date of the visa itself — these are the five numbers that will determine the outcome of your case. If day 180 arrives while the nomination is still under assessment, the mere fact of lodgement offers no protection; in that situation a contingency plan — from an alternative visa to aligning dates and bridging arrangements — must already have been designed well before that day arrives.
Dr Sirous Ahmadi, Australian immigration lawyer and registered MARA member (number 0854826), brings this same numbers-driven, legislation-anchored approach to employer-sponsored matters: first your exact position on the condition 8607 timeline is established, then a safe pathway to permanent residence is mapped out — preserving your sponsored employment history for the subclass 186 TRT. With the right legal assessment at the right time, the period between two employers turns from a source of anxiety into a planned opportunity.
Sources
- Migration Regulations 1994 — Schedule 8 Visa conditions (condition 8607), consolidated version, AustLII
- Migration Amendment (Work Related Visa Conditions) Regulations 2024 (F2024L00776) — registered 25 June 2024, Federal Register of Legislation
- Explanatory Statement to instrument F2024L00776 — Federal Register of Legislation
- Visa options for skilled sponsored workers — Department of Home Affairs
- Skills in Demand visa (subclass 482) — Department of Home Affairs
- What to do if a SID (subclass 482) visa holder ceases employment — Hannan Tew Lawyers
- Visa Condition 8607 — changing employer on a 482 — Roam Migration Law
- Understanding Condition 8607(5) — the 180-day employment cessation period — VisaTasker
- Temporary Residence Transition stream, subclass 186 — The Migration
- What to do when employment ends for a sponsored employee — Australian Migration Lawyers
- Australia — Important Changes to Visa Conditions (GMS Flash Alert 2024-133) — KPMG
- Changes to work visa conditions for TSS and Regional 494 employees — Ajuria Lawyers
- What happens if you lose your job on a 482 visa — the 180-day rule — The Migration
Don’t leave your 180-day calendar to chance
If your employment with your sponsor has ended, or a new employer is ready to nominate you, a careful assessment session can be the difference between a smooth transition and a breach of your visa conditions. Dr Sirous Ahmadi, Australian immigration lawyer and registered migration agent (MARA 0854826), will pinpoint your day zero, calculate the remaining balance of your 365-day cap, factor in your visa expiry date, and map out how to preserve your sponsored employment history for subclass 186 permanent residence. Get in touch today, with all your dates and employment letters to hand, for personalised advice — before the days start making the decisions for you.
Frequently asked questions
Can I work for my next employer before the nomination is approved?
Yes. Within a window of up to 180 consecutive days after ceasing work with your sponsor, condition 8607(5) allows you to work for another employer and even in an occupation outside your nominated occupation. Temporary employment with your next employer during that period is therefore lawful, provided you comply with any licensing and professional registration requirements.
Does lodging a new nomination stop the 180-day count?
No. The count stops only once the new nomination is approved and you are working in the nominated occupation for the approved sponsor. If day 180 arrives while the nomination is still under assessment, your visa condition has been breached and the visa becomes liable to cancellation (section 116 of the Migration Act 1958).
What is the 365-day cap and how does it differ from the 180 days?
The 180 days is the maximum length of a single continuous period of not working, whereas the 365 days is the cap on the total of all days of not working across the entire period of the visa (cl 8607(5)(b)). If you have already had periods of not working during the life of this same visa, you may now have fewer than 180 days available.
What happens if my visa expires before the 180 days run out?
Condition 8607 is attached to the visa itself and cannot outlive it. If your visa expires in, say, 90 days, you effectively have 90 days, not 180; so your next visa or an approved nomination must be in place before expiry.
Does temporary work for a non-sponsoring employer count towards the subclass 186 TRT work history?
No. Such work is not “qualifying sponsored employment”. For the TRT stream of the subclass 186 visa you must have two years of full-time employment in Australia, while holding an eligible subclass 457/482 or bridging visa and in the occupation for which the visa was granted, within the three years immediately before applying.
Do days of not working before 1 July 2024 count?
No. Under the amending instrument F2024L00776, periods in which work with the sponsor had ceased before 1 July 2024 are disregarded for the purposes of the new 180-day and 365-day periods.
This answer reflects the law and policy as verified on October 8, 2026. Immigration rules change frequently — confirm the current position before acting.
Dr. Sirous Ahmadi Registered Migration Agent 0854826
This article is general information only, current at the date shown, and is not legal advice. Do not rely on it for your own situation — immigration law and policy change frequently. Seek advice from a registered migration agent or immigration lawyer about your circumstances.