You are permitted to work for your next employer before the approval comes through. Condition 8607 allows up to 180 consecutive days away from work with an approved sponsor, and during that window it is lawful to work for another employer — even in an occupation outside your nominated role. However, the clock stops only once the new nomination has been approved and you have actually commenced work with an approved sponsor.
Dr Sirous Ahmadi, Australian immigration lawyer and registered migration agent (MARN 0854826), considers this one of the most common misunderstandings among holders of employer-sponsored work visas, and sets out the precise legal position as follows: since 1 July 2024, the old 60-day rule has been removed and replaced by clause 8607(5) of Schedule 8 to the Migration Regulations 1994. Under that clause, a visa holder may cease work with their approved sponsor for a maximum of 180 consecutive days and, as the Explanatory Statement to instrument F2024L00776 confirms, is entitled during that same period to work for another employer — even in an occupation not listed in their most recently approved nomination.
The decisive point is this: lodging a nomination does not stop the clock. The days continue to accrue until the new nomination is approved and you have, in practical terms, commenced work with the new approved sponsor in the nominated occupation. If day 180 arrives while the nomination is still under assessment, the visa condition has been breached and the visa becomes liable to cancellation under section 116 of the Migration Act 1958 — even if the application was lodged in good time.
Two limits must be kept in view at the same time. In addition to the 180 consecutive days, clause 8607(5)(b) caps the total number of days of ceased work across the entire validity period of the visa at 365 days. So someone who has already used part of that allowance may, on this occasion, have considerably fewer than 180 days available. Bear in mind too that “180 consecutive days” is a little under six calendar months, and that this period can never extend beyond the expiry date of the visa itself, because the condition operates only for as long as the visa remains in effect.
Dr Ahmadi also regards two practical considerations as essential. First, temporary work for another employer must not breach any mandatory licence or registration requirements attaching to that occupation. Second, employment with a sponsor who is not an approved sponsor does not count as sponsored employment and will not contribute to the work experience required for the Temporary Residence Transition stream of the subclass 186 visa — something that can shift the timing of your permanent residence.
Put simply: you are not obliged to sit idle waiting for the approval. But you do need to know how many days of your allowance remain, and exactly how far your new nomination has progressed. If you would like to assess your precise position — days already used, visa validity and nomination timing — calmly and on the facts of your own case, a short conversation with Dr Sirous Ahmadi can bring the road ahead into clear focus.
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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.