Your Sponsorship Obligations as a Standard Business Sponsor (SBS)
In order to sponsor an employee under the Temporary Skill Shortage (subclass 482) visa or the Skilled Employer Sponsored Regional (Provisional) (subclass 494) visa you must be an approved standard business sponsor (‘SBS’).
Generally, to be eligible to be an SBS you must demonstrate the following:
Have an established business, inside or outside Australia, that is currently operating.
There is no adverse information regarding your business or a person associated with the business.
If your business is located in Australia, you must also demonstrate that you have an ongoing record of commitment to employing local Australians.
Once your sponsorship application has been approved, your status as an SBS will last for 5 years from the date of approval. During this time, in order to retain and be able to renew your status as an SBS you must comply with the SBS obligations.
It is important to be aware and understand these obligations, as non-compliance could result in significant consequences.
What are Your obligations for SBS?
Click on the following button for a summarised table outlining your obligations as an SBS as well as the corresponding Regulation that imposes such obligation under the Migration Regulations 1994 (Cth).
The Consequences of Failing to Meet your Sponsorship Obligations
The Department will continue to monitor you for compliance with these obligations during the time you are a sponsor as well as up to 5 years after your sponsorship has ended.
If you are found to have been non-compliant with your obligations, you may be sanctioned in any of the following ways:
Your name is published on the Australian Border Force website to identify you as a sanctioned sponsor.
Be prohibited from sponsoring anyone for a specific period of time.
Any sponsorship approvals you have received may be cancelled.
Any sponsorship applications may be refused.
You may be asked to make an undertaking which is an enforceable promise to complete specific actions to illustrate that the situation has been rectified and the same error will not happen again.
You may be issued an infringement notice.
If this is your first notice of non-compliance this could be up to $1,650 AUD for an individual or $8,250 AUD for bodies corporate.
If this is not your first notice of non-compliance this could be up to $3,300 AUD for an individual or $16,500 AUD for bodies corporate.
The Department may apply for a civil penalty order against you for up to $16,500 AUD if you are an individual or $82,500 AUD for a corporation.
Given that the above consequences can lead to serious reputational and financial losses to a sponsor, compliance forms an important part of the sponsor’s migration journey. Regular internal audits of compliance with the sponsorship obligations could save the business from far-reaching consequences in the future.
How Can Agape Henry Crux Assist
Contact us if you require any assistance in relation to becoming a standard business sponsor or in auditing your compliance.
At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and migration agents are specialised in handling highly complex matters. You may schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.