What written advice must a migration agent provide when a 482 client changes employer?

The agent must provide written advice covering: the 180-day rule and when it starts running, the prohibition on commencing work before a new nomination is approved, the consequences of breaching Visa Condition 8607, the available options (new nomination with the same or different employer, new visa application, transition to another visa, or departure), and any deadlines relevant to the client's specific visa expiry date. Written advice protects both the client and the agent.

Does the Code of Conduct for Registered Migration Agents require written advice in every employer change scenario?

Yes. Regulation 8 of the Migration Agents Regulations 1998 and the associated Code of Conduct require agents to provide clear written advice on all significant matters affecting a client's migration pathway. An employer change on a 482 visa directly affects the client's lawful work entitlements and visa conditions — it is unambiguously a significant matter requiring written advice. Verbal-only advice does not satisfy this obligation.

What file records must a migration agent keep for a 482 client employer change?

The Code of Conduct requires agents to maintain complete and accurate client files including all written advice provided, all documents received and submitted, all correspondence (email and other), and records of any telephone advice given. For employer changes, the file should specifically document the date employment ceased, the advice given on the 180-day period, the date any new nomination was lodged and approved, and the date the client commenced employment with the new employer.

What happens if an agent fails to advise a 482 client about the 180-day rule and the client's visa is cancelled?

Failure to advise a client about the 180-day rule — where this failure contributes to a visa breach — is a breach of the agent's duties under the Code of Conduct. The client may lodge a complaint with the Office of the Migration Agents Registration Authority (OMARA). OMARA can impose sanctions including caution, additional conditions on registration, suspension, or cancellation of registration. The agent may also face civil liability if the client suffers loss as a result of the omission.

RMA Obligations When a 482 Client Changes Employer

When a client on a Subclass 482 visa changes or is considering changing employers, their registered migration agent faces specific professional obligations under the Code of Conduct for Registered Migration Agents. These are not merely best-practice guidelines — they are enforceable obligations. Understanding them protects both the client and the agent.

The Overarching Obligation: Act in the Client’s Best Interests

The Code of Conduct for Registered Migration Agents (the Code) requires agents to act in the lawful interests of their clients at all times. When a 482 client contacts their agent about a potential employer change, this duty immediately activates a series of specific obligations — whether or not the agent was engaged specifically for the employer change scenario.

The Code also requires agents to provide timely advice and to not mislead clients about their migration situation. A failure to promptly advise a client of their obligations when their employment circumstances change can constitute a breach of the Code, even if the client did not specifically ask about the implications.

The 180-Day Window: Advising the Client Clearly and in Writing

When a 482 client’s employment with their sponsoring employer ends — or when the client notifies the agent of an intention to cease employment — the agent must promptly advise the client of the 180-day rule and its implications.

The 180-day period begins from the date the employment actually ceases (not from the date the client notifies the agent). The agent must make clear that:

The client can remain in Australia for 180 calendar days while their visa remains valid
The client cannot commence work for a new employer during this period without an approved nomination from that new employer
If 180 days expire without a new nomination, new visa application, or departure, the visa may be subject to cancellation
The 180-day period is not an extension of work rights — it is a period of grace before potential cancellation action, not a period of general work authorisation

This advice must be provided in writing. The Code requires agents to confirm important advice in a form the client can retain. An agent who provides this advice only verbally — and whose client later claims they did not understand their obligations — is exposed to a complaint to the Office of the MARA. A written advice letter or email, clearly setting out the timeline and the client’s obligations, is essential.

Advising on the New Nomination Process and Timing

The agent’s obligation does not end with explaining the 180-day window. The client must also be clearly advised on what steps are required to secure a new nomination:

The new employer must be a registered standard business sponsor (or must apply for sponsorship as part of the nomination process)
A new nomination must be lodged and approved before the client commences work for the new employer
If the new occupation differs from the current visa’s nominated occupation, a new 482 visa application will also be required before commencing work in that occupation
Labour Market Testing must generally be completed by the new employer before the nomination is lodged

The agent must be explicit that the client must not commence work for the new employer until an approved nomination is in place. This is a Visa Condition 8607 obligation and its breach can lead to visa cancellation. Clients who have not been clearly told this — and who begin working prematurely — may face serious consequences that reflect poorly on the agent’s advice.

Assessing Whether a New Visa Application Is Required

The agent must assess the client’s specific circumstances to determine whether a new visa application is required in addition to a new nomination:

Same ANZSCO occupation: New nomination only required. The existing visa continues under the new nomination once approved.
Different ANZSCO occupation: New nomination and new visa application required. Client cannot work in the new occupation until the new visa is granted.
Visa close to expiry: Even where only a new nomination is required, the agent should assess whether the remaining visa validity is sufficient to complete the nomination process and for the client to establish themselves with the new employer. If expiry is imminent, a concurrent visa application may be strategically advisable.

The agent must document this assessment and the advice provided. If the agent concludes that a new visa application is not required, the reasons for that conclusion should be recorded on the file.

Bridging Visa Considerations

If the client has already lodged a new 482 visa application (for a change of occupation) and the current visa expires while that application is pending, the client will generally hold a Bridging Visa A (BVA). The agent must advise the client that:

The BVA generally carries the same work conditions as the substantive visa it bridges
The client should not assume they can work in any occupation on a BVA — the conditions depend on what the Department specifies
Travel outside Australia on a BVA without a Bridging Visa B (BVB) will cause the BVA to cease on departure

Record-Keeping and File Obligations

The Code requires agents to maintain accurate and complete records of all advice given to clients. When advising a 482 client on an employer change, the agent’s file should contain:

The date employment with the current employer ceased (or the anticipated cessation date)
The calculated 180-day deadline
Written advice provided to the client regarding their obligations
The occupation analysis (same vs different ANZSCO code)
Whether a new visa application was recommended and on what basis
Evidence of the client’s instructions (to proceed with new nomination or new visa, or to defer)

A well-documented file protects the agent if a client later disputes the advice they received.

Frequently Asked Questions

Is it a Code of Conduct breach to not advise a client about the 180-day rule?

Yes. The Code requires agents to act in their client’s lawful interests and to provide timely, accurate advice. If an agent is aware a client’s employment has ended and fails to promptly advise them of the 180-day window and its implications, this constitutes a failure to act in the client’s best interests and could form the basis of a complaint to the Office of the MARA.

Does the migration agent have to help the client find a new employer?

No. A migration agent’s professional obligation is to provide migration advice and assistance, not employment assistance. The agent should advise the client of what is required from a migration perspective — including what the new employer must do — but is not responsible for identifying that employer. The agent can, however, refer the client to labour hire or recruitment services as a value-add service.

What if the client wants to take an informal job while waiting for a new nomination?

The agent must clearly and explicitly advise the client against working for any employer without an approved nomination. This is a breach of Visa Condition 8607 regardless of whether the employment is casual, informal, or in a different industry. The agent should document that this advice was given.

This article provides general information only and does not constitute legal advice. Migration agents should consult the current Code of Conduct and MARA guidance for specific obligations.

Registered migration agent needing to discuss a complex employer change situation? Contact Umar Ashraf (MARA #2619222) →

Migration Agent Obligations When a 482 Client Changes Employer