What to Do If My Employer Cancels My 482 Visa Sponsorship Before PR Is Granted?

Learn what to do if your 482 visa sponsorship is cancelled before PR is granted. Explore your options, risks, and how legal guidance can protect your future in Australia.

The Temporary Skill Shortage (TSS) visa, widely known as the 482 visa, is a pathway that enables skilled workers to live and work in Australia under the sponsorship of an approved employer. For many visa holders, this arrangement is not simply a short-term solution. Instead, it represents an opportunity to establish themselves professionally in Australia while working towards a more secure future through permanent residence (PR).

However, complications arise when an employer withdraws their sponsorship before PR is granted. Since the 482 visa is directly tied to the sponsoring employer, a withdrawal can leave visa holders in a vulnerable position, raising concerns about job security, legal work rights, and eligibility for PR. This situation can feel stressful and uncertain, but understanding your rights, available options, and strict timelines is essential. In this article, we break down what happens when sponsorship is cancelled, the potential risks, the visa alternatives you may consider, and how immigration lawyers can guide you through this challenging process.

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What Happens If Sponsorship Is Cancelled?

When an employer cancels your 482 visa sponsorship, the consequences can be immediate. A key condition of the 482 visa is that your visa status is directly tied to your sponsoring employer. If that sponsorship is withdrawn, the Department of Home Affairs may move to cancel your visa.

If your visa is cancelled, you could face several challenges:

Loss of legal work rights: You are no longer authorised to work for that employer once sponsorship ends.

Short timeframe to act: Home Affairs typically provides only a limited period to find a new sponsor or apply for another visa. This is usually a matter of weeks, not months.

Impact on PR pathway: If you intended to apply for PR through the Employer Nomination Scheme (subclass 186) or Regional Sponsored Migration Scheme (subclass 187), your eligibility may be affected.

Options After Sponsorship Cancellation

Although the cancellation of sponsorship is a major setback, it does not necessarily mean the end of your Australian journey. Depending on your situation, there are several options:

Find a New Employer Sponsor

The most direct option is to secure a new employer willing to sponsor you under a 482 visa. The new employer must nominate you for the same or a closely related occupation. Once the nomination is approved, you can transfer your visa.

It is important to act quickly, as delays can place you at risk of becoming unlawful. Your prospective employer must also meet the Department of Home Affairs’ sponsorship requirements, and your occupation must remain eligible under the relevant stream.

Apply for a Different Visa Type

If a new sponsor is not possible, you may consider alternative visa options, such as:

Skilled visas (subclass 189 or 190): If you meet the points requirement and other eligibility criteria.

Temporary Graduate visa (subclass 485): If you have recently completed an eligible Australian qualification.

Partner visa: If you have an Australian partner who can sponsor you.

This pathway requires careful eligibility assessment, as switching visas is not always straightforward.

Bridging Visa Options

If your 482 visa is at risk of cancellation, you may be eligible for a bridging visa. This allows you to remain lawfully in Australia while applying for another visa. Be mindful of bridging visa conditions, as some permit work rights while others may restrict employment. It is essential to understand these conditions to avoid compliance issues.

Risks of Doing Nothing

Failing to act when your employer cancels your sponsorship can have serious consequences:

Unlawful stay: If you remain in Australia without a valid visa, you risk fines, detention, removal, or even re-entry bans for several years.

Loss of PR pathway: Inaction may mean losing your chance at permanent residence through the Employer Nomination Scheme or related programs.

Strict deadlines: The Department of Home Affairs enforces tight timeframes. Ignoring these notices reduces your options and increases the risk of adverse outcomes.

Example: Consider Maria, a software engineer whose 482 sponsorship was cancelled six months before her PR application. By acting quickly and securing a new employer sponsor, she was able to stay in Australia and continue her PR pathway. Had she delayed by just a few weeks, she may have been forced to leave the country and start over.

How Immigration Lawyers Can Help

If your employer cancels your 482 visa sponsorship, engaging an immigration lawyer can significantly improve your chances of a positive outcome. Lawyers can assist by:

Managing deadlines with Immigration: They may negotiate with Home Affairs to extend response times or file urgent submissions on your behalf.

Identifying visa alternatives: Lawyers can assess your eligibility for skilled, partner, or bridging visas and create a tailored plan.

Handling appeals and reviews:
If your visa is cancelled, a lawyer can assist in appealing the decision or seeking judicial review.

Reducing risks: Professional advice minimises the risk of unlawful residency and protects your long-term migration prospects.

Conclusion

Having your 482 visa sponsorship cancelled before gaining PR can be extremely stressful, but it is not the end of your journey. Acting quickly, understanding your options, and seeking expert advice are crucial steps. Whether you secure a new sponsor, apply for a different visa, or rely on a bridging visa, prompt action helps protect your lawful status and keep your PR pathway open. At CMI Legal, our experienced migration lawyers provide clear guidance, tailored strategies, and legal representation to safeguard your future in Australia.

FAQs

What happens if my 482 visa sponsor withdraws their support?

If your sponsor withdraws support, your 482 visa may be at risk of cancellation because your visa status is tied to the sponsoring employer. The Department of Home Affairs will generally provide a short period for you to find a new sponsor or apply for another visa.

How much time do I have to find a new sponsor after the 482 visa cancellation?

The timeframe can vary, but generally, you may only have a few weeks to act once Home Affairs notifies you. Acting quickly is critical to avoid becoming unlawful in Australia.

Can I transfer my 482 visa to another employer?

Yes, you can transfer your 482 visa if a new employer is willing to sponsor you in the same or a related occupation. The new employer must meet sponsorship requirements, and you must apply for a new nomination before starting work with them.

Will the cancellation of my 482 visa affect my PR application?

Yes, it can. If your PR pathway is linked to your employer sponsorship, losing that sponsorship may disrupt your eligibility for visas such as the Employer Nomination Scheme (subclass 186). However, other visa pathways may still be available.

Can I stay in Australia on a bridging visa if my 482 sponsorship is cancelled?

In many cases, you may be eligible for a bridging visa that allows you to remain in Australia lawfully while applying for another visa. Conditions vary, so it’s important to check whether work rights are granted under the bridging visa issued.

Do I need an immigration lawyer if my 482 sponsorship is cancelled?

While not mandatory, consulting an immigration lawyer can be very helpful. They can assess your options, help you secure extensions, prepare applications, and represent you in appeals if necessary. This reduces the risk of unlawful stay and maximises your chances of continuing your migration pathway.