What is Compliance and Monitoring?
The Department of Immigration and Border Protection (DIBP) has a very strict and zero tolerance approach to Australian employers meeting their obligations as sponsors.
If your business is sponsoring overseas workers as an approved sponsor the Department has the authority to perform a compliance audit at any time with no specified period of notice.
Obligations as an approved sponsor include but are not limited to:
- Meeting the applicable training benchmark for each 12 month period commencing after the day your business sponsorship is approved
- Cooperating with immigration officers, auditors and inspectors
- Providing equivalent terms and conditions of employment for your employed visa holders
- Travel costs – the employer must pay the cost of return travel for subclass 457 visa holders if appropriately requested
- Maintaining appropriate records of visa holders in the business
- Notifying the Department of Immigration of notifiable events such as cessation or expected cessation of employment, changes of legal structure, bankruptcy or insolvency
If the Department of Immigration and Border Protection (DIBP) has reasonable reasons to believe your business is in breach of the obligations as a business sponsor, they have the authority to issue you with a Notice of Intention to Take Action (NOITTA).
Possible penalties for employers breaching their obligations as sponsors:
- Infringement notices of up to A$250,000
- Criminal Penalties (in cases of extreme breaches)
- Cancellation or suspension of existing sponsorship approvals
- A ‘no fault liability’ which can extend to company Directors
- Bar’s from future sponsorship approvals
What to do if you believe you may be breaching or have breached your obligations, or if you have been issued with a Notice of Intention to Take Action?
If you believe you may be currently breaching your obligations of a sponsor, or have received a notice from the Department in regards to possible breaches Ethos Migration can assist with your matter ensuring you have the best possibilities to have the matter resolved without penalty.