Employer Sponsored Visa Help Australia

If you've lost your job on a Temporary Skill Shortage visa (subclass 482) or Employer Nomination Scheme visa (subclass 186), or your employer has withdrawn sponsorship, you typically have 90 days to find a new sponsor or leave Australia. This grace period starts from when your employment ends or your visa is cancelled. Missing this deadline means becoming an unlawful non-citizen, which can result in detention and a three-year re-entry ban. You need to act immediately to protect your visa status and future migration prospects.

Do You Need a Lawyer?

Yes, if your sponsored employment has ended unexpectedly or your employer has breached their sponsorship obligations. Migration lawyers can expedite the sponsor transfer process, negotiate with the Department of Home Affairs for extensions beyond 90 days in exceptional circumstances, and ensure you don't inadvertently breach visa conditions that could destroy your pathway to permanent residency.

Without legal help, you risk making costly errors in tight timeframes. A single mistake in your application for a new sponsor can result in visa refusal, immediate departure requirements, and exclusion periods that prevent you from returning to Australia for years. The stakes are too high to navigate alone when your entire Australian future depends on getting this right within 90 days.

Call 1300 636 846 now if your employment has ended or you've received notice of sponsorship withdrawal.

What Happens Next - The Process

When your employer-sponsored employment ends, follow these urgent steps:

Day 1-7: Notify the Department immediately. Contact the Department of Home Affairs within 28 days of your employment ending. Use Form 929 - Change of circumstances form. Your 90-day grace period starts from the end of employment, not from when you notify them.
Day 1-30: Secure new job offer with approved sponsor. Find an employer with Standard Business Sponsorship approval. They must lodge a nomination application (Form 1392 for TSS) and you must apply for visa transfer before your 90 days expire.
Day 30-60: Lodge transfer application with Department. Submit your application for transfer to new sponsor through ImmiAccount. Include all employment contracts, skills assessments, and evidence of ongoing employment eligibility.
Day 60-90: Follow up urgently if no decision. If the Department hasn't decided by day 80, contact them directly and consider applying for bridging visa to remain lawful while awaiting decision.
After 90 days: Apply for bridging visa if still awaiting outcome. If you've lodged a valid application before the 90-day deadline, you may be eligible for a bridging visa to remain in Australia lawfully.

Time is critical - each day counts toward your 90-day limit. Book an urgent consultation at gotocourt.com.au/book to start this process immediately.

The Law in Australia

Employer-sponsored visas operate under the Migration Act 1958 (Cth) and Migration Regulations 1994. The two main employer-sponsored visa categories are:

Temporary Skill Shortage (TSS) visa (subclass 482): Allows skilled workers to work in Australia for up to four years. Medium-term stream permits holders to apply for permanent residence after three years. Short-term stream does not provide a pathway to permanent residency except in limited circumstances.

Employer Nomination Scheme (ENS) visa (subclass 186): A permanent visa allowing skilled workers to live and work permanently in Australia. Direct Entry stream requires three years relevant work experience. Labour Agreement stream operates under specific labour agreements. Temporary Residence Transition stream is for TSS holders seeking permanency.

Under regulation 2.72A of the Migration Regulations, TSS visa holders have 90 calendar days to find new sponsorship after employment ends. This grace period cannot be extended except in exceptional circumstances involving factors beyond the visa holder's control, such as serious illness or natural disasters.

Employers must maintain Standard Business Sponsorship approval and comply with sponsorship obligations under sections 140E-140ZK of the Migration Act. Breaches can result in sponsorship cancellation, civil penalties up to $18,780 per breach, and criminal prosecution with penalties up to $93,900 or two years imprisonment.

Mistakes to Avoid

1. Assuming you have 90 days from visa cancellation notification. The 90-day period starts when your employment actually ends, not when you receive official notification. Many visa holders miscalculate this date and find themselves unlawful. We've seen cases where people thought they had weeks remaining when their grace period had already expired.

2. Working for non-approved sponsors during the grace period. You cannot work for any employer during your 90 days unless they have Standard Business Sponsorship approval. Taking casual work or contracting can breach your visa conditions and result in immediate cancellation. This includes volunteer work that could be seen as employment.

3. Leaving Australia thinking you can return easily. Once you leave on a TSS visa after employment ends, you cannot return on that visa. You'll need to apply for a completely new visa from overseas, losing any progress toward permanent residency and facing potentially longer processing times and higher costs.

4. Failing to notify the Department within 28 days. This is a visa condition breach that can result in visa cancellation even if you're still within your 90-day grace period. The Department takes failure to notify seriously and it damages your credibility for future applications.

5. Accepting job offers from employers without proper sponsorship approval. Some employers claim they can sponsor you but lack Standard Business Sponsorship approval. Verify their sponsorship status through the Register of Approved Sponsors before accepting any position. Starting work with an unapproved sponsor breaches your visa conditions.

Likely Outcomes and Costs

With legal representation, successful sponsor transfers occur in 75-85% of cases where applications are lodged within the 90-day period. Lawyers expedite the process by ensuring complete documentation, maintaining Department contact, and identifying alternative visa pathways if transfer fails.

Without legal help, the success rate drops to approximately 60% due to incomplete applications, missed deadlines, and failure to address Department concerns promptly. Self-represented applicants often struggle with technical requirements and Department communication.

Costs with lawyer representation:

Initial consultation and case assessment: $295 (fixed fee)
Sponsor transfer application: $3,500-$6,500 depending on complexity
Department application fees: $1,455 for TSS transfer
Bridging visa if required: $145 plus legal fees $800-$1,500

Costs of going alone:

Application refusal and re-lodgement: $2,910 additional Department fees
Emergency departure costs: $2,000-$8,000 for flights and relocation
Lost permanent residency pathway: $4,045 for new ENS application from overseas
Three-year exclusion period: Immeasurable career and personal costs

Timeline with legal representation: 4-8 weeks for straightforward transfers, 8-12 weeks for complex cases requiring additional evidence or Department liaison.

Timeline without representation: 6-12 weeks if successful, indefinite if refused and requiring reapplication.

The cost of getting it wrong far exceeds the cost of proper legal representation. Call 1300 636 846 to discuss your specific situation and get accurate cost estimates.

How Go To Court Lawyers Can Help

Go To Court Lawyers has 800+ migration specialists across every state and territory, with dedicated employer-sponsored visa expertise. Our lawyers handle urgent sponsor transfers daily and understand the pressure you're facing with strict 90-day deadlines.

We provide immediate assistance through our 24/7 hotline at 1300 636 846, allowing you to speak with an experienced migration lawyer within hours of losing your job. Our fixed-fee consultation gives you a clear action plan and accurate timeline for your situation.

Our migration team regularly achieves outcomes other firms cannot, including:

Emergency sponsor transfers completed within 2-3 weeks
Successful arguments for grace period extensions in exceptional circumstances
Alternative visa pathways when sponsor transfer isn't possible
Negotiation with employers to maintain sponsorship during disputes
Fast-track permanent residency applications for eligible TSS holders

With a 4.5-star rating from 780 reviews, our clients consistently praise our urgency and results in migration emergencies. We understand that your entire Australian future depends on getting this right, and we treat every case with the urgency it deserves.