• Kim Chan MARN 0850162

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.