What Are the Key Business Sponsorship Obligations?
Compliance with sponsorship obligations is essential for Australian businesses and visa holders. The Department of Home Affairs and the Australian Border Force collaborate to ensure that businesses adhere to their obligations and that visa holders comply with their visa conditions. Failure to comply can result in significant penalties, including losing Standard Business Sponsorship (SBS) status and cancelling the applicant’s visa.
What are the key business sponsor obligations?
To prevent the exploitation of international workers and ensure the visa program effectively addresses skill shortages, sponsors must fulfil the following obligations:
1. Notification Requirements
Changes in Business: Notify the Department of any changes to your business structure, directors, legal name, trading name, or address.
Employment Changes: Inform the Department if a sponsored visa holder:
Terminate work
Does not commence work
Has a change in duties
Business Status Changes: Notify the Department if the business becomes insolvent, bankrupt, enters receivership, liquidation, or administration, or ceases to exist as a legal entity.
2. Cooperation and Compliance
Audits: Cooperate with the Department during compliance audits.
Fair Employment Terms: Ensure that the employment terms for sponsored workers are fair and no less favourable than those provided to Australian employees.
3. Record Keeping
Maintain Employment Records: Keep accurate employment records for all 457/482 visa holders, including details of their roles and duties.
Occupation Duties: Ensure that sponsored visa holders only perform duties related to the occupation for which they were nominated.
4. Financial Responsibilities
Cost Recovery: Do not seek to recover any costs associated with sponsoring the 457/482 visa holder.
Travel Costs: If necessary, pay for all sponsored workers and their dependents who leave Australia.
Removal Costs: Cover costs associated with locating and removing an unlawful non-citizen (former sponsored worker).
5. Non-Discrimination Practices
Recruitment Practices: Avoid engaging in discriminatory recruitment practices.
6. Information Provision
Records and Information: Provide records and information to the Department if requested.
Additionally, we have detailed articles for Sponsors of Temporary Skilled Shortage (TSS) (Subclass 482) Visa and Training (Subclass 407) Visa and their obligations.
What is the duration of the sponsorship obligations?
Period Starts: Most obligations begin when your sponsorship is approved or when a visa applicant starts working in their nominated position.
Period Ends: Your obligations typically cease two years after you cease to be an approved sponsor or the visa holder ceases to work for you.
How Can Agape Henry Crux Help
Sponsors must remain vigilant in upholding their responsibilities to protect their sponsorship status to avoid penalties. At the same time, visa holders must adhere to the conditions of their visas to maintain their legal residency in Australia. At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are specialised to handle highly complex matters. You can book 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.