Your Sponsorship Obligations as a Temporary Activities Sponsor (TAS)

Having an approved Temporary Activities Sponsorship (‘TAS’) is required for some of the temporary work and activity visas offered by Australia and differs from the Standard Business Sponsorship (‘SBS’) required to access the Employer Nominated visa categories. Possible visa subclasses available under the TAS are:

1. Temporary Activity (subclass 408) visa;

   1. Specifically for the Special Program Stream, Religious Work Stream, Research Activities, Other Social and Cultural Activity (Invited Participant) Stream, Sporting Activities, Entertainment Activities Stream, Superyacht Crew Stream, Staff Exchange Arrangements and Domestic Work for Executives.

   2. However, this is only if you are applying in Australia or you are applying outside of Australia and the proposed stay period for the visa applicant will be more than 3 months.

2. Temporary Work (International Relations) (subclass 403) visa;

   1. However, this is only a requirement for the Pacific Australia Labour Mobility Stream.

3. Training (subclass 407) visa.

   1. This visa is for individuals to participate in workplace training to improve the skills required for their job, study area, etc.

   2. A TAS is required no matter the type of training the individual will be participating in.

Generally, in order for an employer to be eligible to be a TAS they must demonstrate the following criteria contained in regulation 2.60 of the Migration Regulations 1994 (‘Cth’) (‘the Regulations’):

1. The Applicant is not already a TAS; and

   1. If the Applicant is already a TAS, they can apply for a variation of a term of approval using the same form.

2. The Applicant is:

   1. An Australian organization lawfully operating in Australia; or

   2. A government agency; or

   3. A foreign government agency; or

   4. A sporting organization that is lawfully operating in Australia; or

   5. A religious institution that is lawfully operating in Australia; or

   6. A person who is the captain or owner of a superyacht, or an organisation that operates a superyacht; or

   7. A foreign organisation that is lawfully operating in Australia; and

3. There is no adverse information known about the Applicant or a person associated with the Applicant; and

   1. Or it is reasonable to disregard any adverse information known about the Applicant or a person associated with the Applicant.

4. The Applicant has the capacity to comply with the TAS obligations.

Once your sponsorship application has been approved, your status as a TAS will last for 5 years from the date of approval. During this time, you must comply with the TAS obligations.

It is important to be aware of and understand these obligations, as non-compliance could result in significant consequences for the business.

What are Your obligations for TAS?

Click on the following button for a summarised table outlining your obligations as a TAS 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

If you are found to have been non-compliant with your obligations, you may be sanctioned in the following ways:

1. Your name will be published on the Australian Border Force website to identify you as a sanctioned sponsor.

2. Be prohibited from sponsoring anyone for a specific period of time.

3. Any sponsorship approvals you have received may be cancelled.

4. Any sponsorship applications may be refused.

5. 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.

6. You may be issued an infringement notice.

   1. 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.

   2. 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.

7. 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 temporary activities 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, 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.