Nominee Resigns After a 482 Visa: The Employer's Reporting Obligation
When a worker on a 482 visa leaves, many employers do not realise they have an obligation to report it to DHA. Breaching this obligation can lead to serious consequences for the SBS.
The reporting obligation when a nominee leaves
The employer (sponsor) must notify DHA within 28 business days when:
- A 482 worker ends their employment (whatever the reason)
- A worker declines to start work after the visa is granted
- A worker stops working in the nominated role
How to notify DHA
The notification is made through the employer’s ImmiAccount (sponsor account). It is not done through a migration agent or by ordinary email.
The following must be provided:
- The worker’s name and visa number
- The date the employment ended
- The reason it ended (resignation, dismissal, end of contract, and so on)
Consequences if you do not notify
Failing to notify DHA within 28 days is a breach of sponsor obligations and may lead to:
- A warning or a financial penalty
- In serious cases: cancellation of the SBS
- A negative effect on the sponsor’s record when applying to sponsor new workers
The effect on the worker after notification
After the employer notifies DHA:
- The worker still holds a valid 482 visa
- The worker usually has 60 days to find a new employer or apply for a different visa
- DHA may contact the worker to confirm their situation
The 60 days is not a fixed period — it depends on the time remaining on the 482 visa. Check the specific visa expiry date.
A worker who wants to stay in Australia
If the worker wishes to remain in Australia after leaving the job:
- Find a new employer willing to sponsor and lodge a new nomination (see the guidance on transferring a 482 sponsorship)
- Apply for another suitable visa (a partner visa or a student visa, if eligible)
- Apply for a bridging visa if more time is needed while waiting for a new visa
The migration agent’s role
If the business uses a migration agent, the agent will usually remind it of the reporting obligation. However, the legal responsibility still rests with the employer — the agent cannot be blamed if the report is late.