Think about the moment you are told, “Today or this specific date will be your last day at work”. The immediate concern you may have is to find another job. But if you are on a subclass 494 or any other employment-specific visa, you may wonder: how much time do I have to fix my immigration situation? If you lose your job on a subclass 494 visa, you are not out of time. Eligible holders of a subclass 494 visa can get up to 180 consecutive days of stay in Australia without employment. But it has some rules.
In this regard, we’ll explore the key rules of the 180 consecutive-day buffer if you lose your job on a 494 visa and what steps to take.
What Happens If You Lose Your Job on a 494 Visa?
You might ask, do I have to leave Australia if I lose my 494 job? Departure is not immediately required. Instead, you can have a timeframe to address your employment situation and remain compliant with your visa conditions. Since 1 July 2024, eligible visa holders can stay in Australia up to 180 consecutive days without sponsored employment, and it is subject to the applicable limits.
How Does the 180 Consecutive Day Rule Work for a 494 Visa?
The 494 visa 180-day rule provides holders some time to handle any disconnection from sponsored employment.
The following conditions should be kept in mind about the ability to stay in Australia for 180 consecutive days without sponsored employment:
- 180 consecutive days: A single period without employment in Australia cannot exceed 180 consecutive days.
- 365 days in total: Under 494 visa requirements, the total number of days not working cannot exceed 365 within the visa validity period.
- Visa expiration date: The 180 consecutive day rule does not change the visa validity period. In case the visa expires prior to reaching the 180-day limit, the expiration date of the visa remains valid.
- Previous gaps: Earlier periods of 494 visa unemployment count toward the 180 consecutive days rule.
For example, if your employment ends with 120 days left until the visa expires, the 180 consecutive-day rule does not provide an additional 60 days after expiration of your visa. You need to make other arrangements within the available 120 days to avoid becoming an unlawful non-citizen.
What You Must Do Immediately After Losing Your Job?
The first thing to do is check your VEVO and your visa grant letter. You can access them from your ImmiAccount and check the following things:
- Visa subclass
- Visa conditions
- Visa expiry date
- Work restrictions
- Regional requirements
Once the above checks are done, arrange employment-specific documents. These include your nomination notice, termination letter, redundancy correspondence, last working day confirmation email, and final payslip.
What Can You Do During the 180 Consecutive Days?
During the available 180 consecutive days or remaining days on a 494 visa, you have three options: get hired by another employer, explore other visa options or leave Australia. Below are some specific details about all of these options:
- New Employer Sponsor: Your new sponsoring employer should be an approved sponsor, offer an eligible occupation as per your visa application, and meet salary thresholds and labour market conditions
- Explore Other Visa Options: Compare 494 visa costs against alternative streams, checking eligibility and criteria before applying.
- Leave Australia: If you cannot find a sponsor or eligible employer, you can leave Australia. Keep complete records of your employment and visa for immigration clearance.
How Do the Licensing and Registration Rules Apply?
Under standard 494 visa requirements, you must maintain any license or registration required for your specific regional occupation. Licensing and registration are commonly required for the following occupations:
- Healthcare
- Construction
- Education
- Engineering
- Electrical and plumbing trades
- Legal and financial services
What Sponsorship Obligations Apply to Your Former Employer?
Your former sponsored employer must notify the Department of Home Affairs within 28 days about the end of your employment with their organisation. Along with that, the employer must pay your final wages and applicable entitlements on time as well as provide a record of your service.
Which Mistakes to Avoid If You Lose Your Job on a 494 Visa?
The most common mistake on visa subclass 494 is assuming you always have 180 consecutive days to arrange options. Here are some more mistakes that you should avoid:
- Do not assume the visa is cancelled immediately or that a bridging visa is granted automatically.
- Not checking the VEVO.
- Assuming that you have a total of 180 consecutive days, it is subject to visa conditions and previous records.
- Assuming the job offer is an approved sponsorship.
- Overlooking how the 494 visa job loss and PR 191 pathway requirements affect your permanent residency transition.
Final Thoughts
Whatever the reason, losing a job is a stressful situation and you need to manage this situation calmly. The first thing to do is check your visa validity and the remaining days you have to stay in Australia lawfully through VEVO or your ImmiAccount. The next step is to collect all employment-specific documents from your former employer. Now plan the remaining days to make other arrangements, such as finding a new employer, another visa or leaving the country. You can also consult local migration specialists for visa help in Perth to plan your next steps or explore new pathways.
FAQs
1. How many days do I have to find a new job on a 494 visa?
You have up to 180 consecutive days after you stop working for your sponsor, with a maximum of 365 days in total across the visa period.
2. Do the 180 days start when I resign or when my employer notifies Home Affairs?
The relevant period is tied to the period during which you are not working in accordance with the specific employment condition.
3. Does losing my job affect my 191 PR eligibility?
It can. The 191 requires three full years of regional living and working, plus meeting an income threshold in each year, so a long gap may cause problems.
4. What if my new job is not in a designated regional area?
A new 494 nomination must come from a regional employer. Working outside designated regional areas can breach your visa conditions and risk cancellation, so confirm the postcode before accepting any offer.
