4 April 2020
Reduction in work
The Minister for Immigration announced on 4 April that subclass 457 and 482 visa holders will be able to reduce their working hours without being in breach of their visa conditions.
However, the below following four policy criteria should continue to be met:
- the pro-rata hourly rate of your approved salary (as per the nomination) does not decrease
- the role and duties performed remain consistent with your nominated occupation
- you are not employed under a Labour Agreement
- there is a written agreement in place between you and your sponsor. Your sponsor must maintain a copy of the agreement, and document the reason for the change.
It is only possible to reduce wages by lodging a new nomination with a lower wage, provided the wage is still market rate and above the Temporary Skilled Migration Income Threshold (TSMIT), currently AU$53,900. You would need to agree to the revised wage by signing a new employment contract, and the new application would incur an additional Skilling Australians Fund levy payment on behalf of your sponsor.
482 or 457 visa holders are covered by the National Employment Standards, making them eligible for unpaid leave (e.g. study or sabbatical leave, recreational or holiday leave without pay, sick leave without pay, parental/carer/personal leave, maternity and/or paternity leave). You would not be considered to be in breach of your visa conditions solely on the basis of this unpaid leave. This is because you are considered to continue to be employed by your sponsor (despite not working or receiving a salary).
Immigration has confirmed that 457 and 482 visa holders who have been ‘stood down but not laid off’ will be able to maintain their visa validity.
For any Leave Without Pay (LWOP) it is expected that:
- both you and your sponsor have agreed that LWOP will be taken; and
- there is a formal application for leave without pay that has been formally approved by your sponsor