Temporary Skill Shortage (TSS) visa - Conditions

If you are granted a TSS visa, there are certain conditions that apply to you depending on whether you are the primary or a secondary visa holder:

  • Condition 8607 is mandatory for all primary visa applicants and is explained further below, including what you need to do if you would like to work for another sponsor and/or change your nominated occupation
  • Condition 8501 (Health Insurance) is a mandatory condition on all primary and secondary visas
  • Condition 8303 (no involvement in disruptive activities/violence) may be imposed on your TSS visa(s).

You must comply with the visa condition(s) that apply to you. Failure to do so might result in your visa being cancelled.

For information on any conditions imposed on your visa, please check the letter you received from us when your visa was granted. If you no longer have this letter, you can access VEVO instead.

Condition 8607

This condition applies to all primary TSS visa holders. You must:

  • only work for the approved sponsor
  • only work in your nominated skilled occupation
  • start work within 90 days of arrival in Australia if you were outside Australia when your visa was granted, or within 90 days after your visa was granted if you were already in Australia at the time
  • not cease employment with your approved sponsor for a period of more than 60 consecutive days
  • obtain any mandatory licence, registration or membership.

Who do I need to work for

If your sponsor is a standard business sponsor and is an Australian business, you can work for the sponsor directly or an associated entity of the sponsor.

If your sponsor is a standard business sponsor and an overseas business, you must only work directly for the sponsor. That is, you must not work for an associated entity of an overseas business.

Special arrangements are in place for medical practitioners and general managers who can work for employers other than their sponsor or an associated entity of their sponsor. The specific occupations that this applies to are listed in the related legislative instrument at TSS legislative instruments.

Changing employer

If you have been already granted a TSS visa and you want to change your employer, you are not required to apply for a new visa. Before you start working for a new employer, however, you must be nominated by your proposed new employer (who must also be an approved business sponsor) and have that nomination approved first.

If you start working for your proposed new employer before the new nomination is approved, you will be in breach of visa condition 8607 and your TSS visa might be cancelled.

The approval of a new nomination only allows you to change your employer. It does not extend the length of your TSS visa, it does not allow you to work in a different occupation and does not change the conditions attached to your visa.

What job do I need to do

You must work in the nominated occupation. Under policy, if your employer varies your duties for more than 60 days and your duties no longer align with your nominated occupation, you will be considered to be in breach of your visa conditions.

Changing occupation

If you have been already granted and still hold a TSS visa and you want to change your skilled occupation, a number of steps will be required as follows:

  • a new nomination application must be lodged by your current or proposed employer for the new skilled occupation
  • a new TSS visa application must also be lodged

The new nomination must be approved and the visa application granted before you can commence working in the new skilled occupation.

If you start working in your new skilled occupation before the nomination is approved, you will be in breach of visa condition 8607 and your TSS visa might be cancelled.

Ceasing employment

You are considered to have ceased employment when either you or your employer notifies us of the date you stopped work. If you stop working for your approved sponsor, you must depart Australia unless within a 60 day period, you:

  • find another employer to sponsor you and have them lodge a new nomination within this 60 day period, which must be approved before you can start working for them
  • are granted a different visa.

If more than 60 consecutive days have passed, you could be in breach of Condition 8607 and your visa could be cancelled. This includes situations where a new nomination application:

  • is lodged for you has been refused
  • was not lodged until more than 60 days after you ceased employment for the approved sponsor.

If you abandon your employment, or are absent without leave, you could be considered to have ceased employment.

Licensing, registration or membership

You must obtain any mandatory licence, registration or membership necessary to perform your occupation in Australia and comply with any provisions within 90 days:

  • after initial arrival in Australia on this visa
  • from date of visa grant if already in Australia

If you have not obtained the mandatory licence, registration, or membership within 90 days, notify us by sending an email to: sponsor.notifications@abf.gov.au.