Occupation Not on the List? Company Liquidation? No employer sponsorship? Here are some insights for you!

Recently, Johnny Kong, Principal Lawyer at Riverwood Migration, was invited to participate in the SBS Chinese program to discuss the reforms to Australia’s Temporary Skill Shortage (subclass 482) visa and the impact of company liquidation on employer-sponsored visas.

During the interview, Johnny explained in detail how to respond when an occupation is not included on the new Skilled occupation list, as well as how to manage situations where company liquidation leads to the loss of employer sponsorship. He also provided guidance on how immigrants should adjust their plans to ensure their visa pathways remain unaffected by these changes.

New Employer-Sponsored Visa SID – Analysis of the 482 Temporary Skill Shortage (TSS) Visa Reforms

As Australian immigration policies continue to evolve, the Temporary Skill Shortage (subclass 482) visa has long been a key pathway for skilled workers to enter Australia for work and residence. This visa allows eligible skilled workers to obtain employer sponsorship in Australia and, after fulfilling specific work requirements, apply for permanent residency. However, in December 2024, the Australian government introduced the Skills in Demand (subclass 482) visa, which brought significant changes to the eligibility criteria for the TSS visa, including updates to the occupation list and the removal of certain occupations. These changes have had a profound impact on the permanent residency pathways of some migrants.

Changes and Challenges with the TSS Visa

The original TSS visa had two main streams: short-term (valid for 2 years) and medium to long-term (valid for 4 years), depending on whether the occupation was listed on the skilled occupation list. Holders of TSS visas could work in Australia and, if they met the requirements, apply for permanent residency.

However, with the introduction of the SID visa (subclass 482), some occupations were removed from the previous list. For instance, occupations such as “Early Childhood Centre Manager” and “Cafe and Restaurant Manager,” which previously allowed TSS visa holders to apply for permanent residency, are no longer eligible under the new SID visa (subclass 482). This means that holders of these occupations can no longer use this pathway to apply for permanent residency, presenting a significant challenge in the immigration process.

Facing the Dilemma of Company Liquidation: How to Handle It?

For some immigrants holding the subclass 482 visa, the most challenging situation arises when their sponsoring employer faces liquidation or bankruptcy. Under Australian immigration law, subclass 482 visa holders must have a legitimate and ongoing sponsor. If the employer company is unable to continue sponsoring the visa holder due to financial issues or liquidation, the visa holder faces a dilemma. If the occupation has been removed from the new SID visa (subclass 482) list, the visa holder will no longer be eligible to apply for a new TSS visa. This situation is commonly referred to as a “visa black hole,” causing many migrants’ permanent residency plans to stall.

Professional Legal Analysis and Solutions

To address these challenges, Johnny Kong from Riverwood Migration provided professional analysis and advice. Johnny emphasised that, given these changes, immigrants should remain flexible and prepare for multiple options. Below are a few suggestions for Hong Kong migrants:

• Transition to the SID Visa and Change Occupation

If the current occupation has been removed, the visa holder may consider changing occupation and applying for a new subclass 482 visa under the Skills in Demand (subclass 482) visa criteria. According to the latest regulations, applicants must have at least one year of relevant work experience in the past five years and provide a reasonable explanation for the occupation change.

• Apply for a Student Visa and Shift to the Study Migration Pathway

For those who are unable to find a new sponsor, applying for a student visa is another viable option. If the applicant completes a two-year eligible course before the age of 50 and obtains the subclass 485 Graduate Work visa, they can enjoy five years of legal residency and meet the requirements for permanent residency in the future.

“In light of these changes, whether switching occupations or furthering education, immigrants should stay flexible in their planning and make early decisions to avoid missing the best opportunity.”

—- Johnny Kong

• Be Prepared for the Natural Risks of Employer-Sponsored Visas

The core of the subclass 482 visa is employer sponsorship, so holders must ensure the stability of their sponsor. If the employer company can no longer provide sponsorship due to economic issues, the visa may immediately become invalid. Johnny advised that both those already holding a subclass 482 visa and those considering applying should remain flexible, keep alternative options in mind, and explore other potential visa pathways, such as student visas or other work visas, ensuring a smooth immigration process.

Conclusion

Australia’s immigration policies are constantly evolving, and these reforms present significant challenges for those who were planning to secure permanent residency through the subclass 482 visa. However, with the introduction of new visa regulations, many opportunities remain for migrants to find alternative pathways. If you are facing these difficulties or have any questions regarding the latest immigration policies, Riverwood Migration is here to provide professional advice and assist you in planning your immigration journey successfully.

If you have any questions regarding your Australian employer-sponsored visa application or need professional assistance, feel free to contact us at Riverwood Migration. We specialise in providing transparent, professional migration services to help you successfully obtain your employer-sponsored visa and achieve your goal of moving to Australia.