Do you know your sponsorship obligations?
Are you an accredited or standard business sponsor? Are you aware of your sponsorship obligations as a sponsor of subclass 457/482 visa holders?
You have obligations as a sponsor. Sponsorship obligations include the following:
the Department of Home Affairs must be informed in writing within 28 calendar days when certain events occur to your business such as the following:
legal name
trading name
registration details
business structure
ongoing communication contact
owners, directors, principals or partners
business address
insolvency or bankruptcy
goes into receivership, liquidation or administration
ceases to exist as a legal entity
the Department of Home Affairs must be informed in writing within 28 calendar days if the person you sponsor:
ceases employment with you
has a change in duties
did not commence working with you
ensure that your sponsored employee works only in the occupation you nominated them for – if you wish for your sponsored employee to work in a different occupation, a new nomination is required. If your employee holds a Temporary Skill Shortage visa (subclass 482), the employee will also need to apply for and be granted a new visa
ensure equivalent terms and conditions of employment for your sponsored employee
provide training to Australians and permanent residents
must not engage in, or have not engaged in, discriminatory recruitment practices that adversely affect Australian citizens, or any other person, based on their visa or citizenship status
keep records to show your compliance with your sponsorship obligations
provide records or information if requested by a departmental officer
must pay and assume associated costs as a sponsor such as cost of becoming a sponsor,nomination charges and migration agent costs associated with sponsorship and nomination applications
must pay and assume all costs associated with the recruitment process
must pay reasonable and necessary travel costs (within 30 days of receiving the request in writing) to allow the sponsored employee and their sponsored family members leave Australia
repay the costs incurred by the Commonwealth in relocating and/or removing your sponsored employee or any of their sponsored family members from Australia if they become an unlawful non-citizen
must cooperate with inspectors appointed under the Migration Act 1958 (the Act) to investigate whether:
your sponsorship obligations are being, or have been, complied with
you have hired an illegal worker
there are other circumstances in which the Department of Home Affairs could take administrative action
The Department of Home Affairs will monitor your compliance with your sponsor obligations when you are a sponsor and up to five years after your sponsorship ends.
The Department of Home Affairs will also monitor your sponsored employees to ensure they comply with their visa conditions.
Sanctions
If you do not meet your obligations, the Department of Home Affairs could take one or more of the following actions:
Administration:
bar you from sponsoring additional visa holders for a specified time
not approve your application for sponsorship for this or any other visa
cancel all of your existing sponsorship approvals
Request that you enter into an enforceable undertaking
Civil penalties
How long do obligations apply for?
Sponsorship obligations may have different expiry periods. Some of the obligations may even apply beyond the term of sponsorship approval. Please contact us to discuss further.
How we can help?
Are you aware of your sponsorship obligations? Do you need assistance with a monitoring request from the Department or simply wish for an audit to be completed to ensure your business complies with sponsorship obligations and revise your business processes?
We can help with your business needs. Contact one of our consultants today to discuss further.
Disclaimer: The information provided herein is of a general nature only and does not constitute immigration advice. For more detailed and case specific information or advice, please contact SCA Connect.
