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8607 visa condition

8607 Visa Condition

/ Commentary / By /

One of the inherent visa conditions for Subclass 482 Temporary Skill Shortage visas is Condition 8607, which restricts the visa holder to engage in approved work for the sponsoring employer only. Despite the general condition, medical occupations are usually offered an exemption to this condition, and as such are able to be employed by multiple employers within the relevant occupation on a simultaneous basis.

 

What is Visa Condition 8607?

This condition generally limits a Subclass 482 visa holder to working for one sponsoring employer at a time. Essentially, this means that the visa holder will be granted their visa under the sponsorship of their employer. This sponsoring employer will be the only employer that they are permitted to work for. If they wish to work for another employer, they must cease the original employment and the new employer must become their sponsor. 

Changing employment will typically require a new nomination to be approved before commencing at the new position. If the new employment is not within the same occupation, an entirely new visa will be required. 

 

Are there exemptions to Visa Condition 8607?

The Visa Condition 8607 operates differently for exempt occupations listed in Migration (LIN 19/212: Specification of Occupations – Subclass 482 Visa) Instrument 2019. 

Unlike the typical Subclass 482 visa holder’s situation as outlined above, visa holders in exempt occupations listed in LIN 19/212, who have been successfully nominated by an approved sponsor, will be permitted to work for multiple employers at the same time, so long as it remains in the same occupation. In other words, changing or adding new employers will not require a new nomination, even if they cease employment with their original sponsor. The only requirement is that the employment remains within the same occupation as their original nominated position. 

 

What are the exempt occupations for Visa Condition 8607?

The current list of exempt occupations for the purposes of Visa Condition 8607 is focused within the medical profession. 

 The list is outlined in LIN 19/212 Part 2, and includes the following occupations: 

  1. Chief Executive or Managing Director (ANZSCO Code 111111) 
  2. Corporate General Manager (ANZSCO Code 111211) 
  3. General Medical Practitioner (ANZSCO Code 253111) 
  4. Resident Medical Officer (ANZSCO Code 253112) 
  5. Anesthetist (ANZSCO Code 253211) 
  6. Specialist Physician (General Medicine) (ANZSCO Code 253311) 
  7. Cardiologist (ANZSCO Code 253312) 
  8. Clinical Hematologist (ANZSCO Code 253313) 
  9. Medical Oncologist (ANZSCO Code 253314) 
  10. Endocrinologist (ANZSCO Code 253315) 
  11. Gastroenterologist (ANZSCO Code 253316) 
  12. Intensive Care Specialist (ANZSCO Code 253317) 
  13. Neurologist (ANZSCO Code 253318) 
  14. Pediatrician (ANZSCO Code 253321) 
  15. Renal Medicine Specialist (ANZSCO Code 253322) 
  16. Rheumatologist (ANZSCO Code 253323) 
  17. Thoracic Medicine Specialist (ANZSCO Code 253324) 
  18. Specialist Physician (NEC) (ANZSCO Code 253399) 
  19. Psychiatrist (ANZSCO Code 253411) 
  20. Surgeon (General) (ANZSCO Code 253511) 
  21. Cardiothoracic Surgeon (ANZSCO Code 253512) 
  22. Neurosurgeon (ANZSCO Code 253513) 
  23. Orthopedic Surgeon (ANZSCO Code 253514) 
  24. Otorhinolaryngologist (ANZSCO Code 253515) 
  25. Pediatric Surgeon (ANZSCO Code 253516) 
  26. Plastic and Reconstructive Surgeon (ANZSCO Code 253517) 
  27. Urologist (ANZSCO Code 253518) 
  28. Vascular Surgeon (ANZSCO Code 253521) 
  29. Dermatologist (ANZSCO Code 253911) 
  30. Emergency Medicine Specialist (ANZSCO Code 253912) 
  31. Obstetrician and Gynecologist (ANZSCO Code 253913) 
  32. Ophthalmologist (ANZSCO Code 253914) 
  33. Pathologist (ANZSCO Code 253915) 
  34. Diagnostic and Interventional Radiologist (ANZSCO Code 253917) 
  35. Radiation Oncologist (ANZSCO Code 253918) 
  36. Medical Practitioners (NEC) (ANZSCO Code 253999) 

If your Subclass 482 visa was approved, with the nominated occupation falling within one of the above-listed categories, you may be exempt from Visa Condition 8607, meaning that you can work for multiple employers so long as they remain within the specified occupation, and you can change employers without having a new nomination approved. 

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