Question of the Week



Subclass 407 visa to subclass 482 visa: I have serious problems moving towards the sc 482 visa. What shall I do now?

Category: Visa for Australia

Question asked

I hold a sc 407 visa but opted to change employers. My visa is valid till Sept 2022. The application for change of sponsorship was lodged Sept 2021. Still pending approval. I would like to go back home and return to Australia this January. Would I be able to use my 407 visa to enter Aus?



I have not violated any visa conditions. I did not work because the nomination is pending approval. When I check my VEVO my 407 visa is " still in effect".



So I am unsure if I can still enter Australia or not. My new employer (a Local Health District) suggested we apply for sc 482 visa (short term) as it is on the "priority processing" list.



They said they would need to withdraw the application for change of sponsorship (for my current sc 407 visa) and change it to sponsorship for a sc 482 visa. Would my sc407 visa be moot?



Would I not be able to use it to come back to Australia if they withdraw the application of change of sponsorship and we lodge a new application (sc 482 visa) even if it is still inside my current visa 407 validity dates?

Answer provided by Migration Agent

Hello C.,

I suppose the first question the department might as is why the training could not be completed under the original sponsorship. You can change sponsor, but of course you cannot belong to that organization until they have been approved to train you. I am wondering which organization you are training at currently?

If you are still with the first trainer, then your sc 407 visa is intact. If you are not with any workplace, then you may be in breach of your visa conditions. Are you putting in a visa application too? Have you checked the conditions on your visa?



If you no longer have sponsorship for your sc 407 visa, then yes it would then become invalid. But if you are not working in any case at the moment, and you apply for the sc 482 visa then you can leave and wait until it is granted before returning.



I hope this has helped. Basically, if your conditions have changed, i.e. you are not with the original sponsor, then you need to look at whether or not you need a new sc 407 visa as well, depending on your conditions listed.

If you are still with the first workplace - then you can come and go as you wish with your employer's permission.

If you need, you can ask for clarification. I am here to help.



Connect with Migration Agent Sydney today or read more: Temporary Skill Shortage visa (subclass 482 visa)



------ Clarification Request ----------



I am currently waiting for the request of Central Coast Local Health District (NSW) sponsorship to be approved. I previously worked at a Regional Hospital in Victoria and opted for better training opportunities under CCLHD- thus the transfer.



I did not put in a new visa application (407) as the training position/condition is the same- similar Persons as mine (same position, same previous sponsor, and new sponsor) did not lodge a new sc 407 visa application and their sponsorship transfer pushed thru. I did check my visa conditions- and just said "not work if not relation to training"- which I did not.



It’s just that my Vevo account still says "in effect". So that means if I go out of Australia I might not be able to get back using my sc 407 visa because the sponsorship transfer is still pending?



If they withdraw their sponsorship transfer for my sc 407 visa and shift it to a sc 482 visa, am I correct that my sc 407 visa be automatically be invalid?



Its just that if I use a sc 482 visa when I am back home, I would be unable to return to Australia as my country currently bans health workers from coming out. That’s why I would prefer to use my sc 407 visa to leave my country while a sc 482 visa (with faster immigration approval) be on the works. But I'm afraid my current sc 407 visa be invalid and I won’t be allowed back in.  



------ Clarification by Migration Agent ----------



I hope this has helped. I think it probably has added rather than alleviated so I am sorry for that. Many times, these discrepancies go unnoticed but nonetheless I would not draw attention to it by leaving. If on the other hand you are in fact working still in Victoria, you have nothing to worry about and can leave if you wish and it would have no bearing on changing from sc 407 visa to sc 482 visa.



Thank you for using Ask-An-Agent. If you need further services from myself, you can always message me using the Ask-An-Agent messenger. You can also reach me by contacting Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.



 



 

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