Business Sponsorship Obligations
It is of utmost importance that businesses and visa holders remain compliant with their obligations as a business sponsor and the conditions imposed on individuals visas.
The Department of Home Affairs and The Australian Border Force work together to ensure businesses are remaining compliant with their sponsorship obligations and visa holders are compliant with the conditions imposed on their visas.
Businesses can be liable for significant penalties, and the removal of their sponsorship status. Individual visa holders can also have their visas cancelled if they do not comply with the conditions of their visas.
Business Sponsor Obligations
In an effort to prevent the exploitation of international workers in Australia and to ensure that the visa program is appropriately being used to address skill shortages, businesses are obligated to do the following:
- Notify the Department when certain events occur such as changes to your business, directors, legal name, trading name, business structure, address etc
- Notify the Department if a sponsored visa holder ceases work, does not commence work or has a change in duties
- Notify the Department if the business becomes insolvent, is bankrupt, goes into receivership, liquidation or administration or ceases to exist as a legal entity
- Cooperate with the Department for audits on compliance
- Ensure the terms and conditions of their sponsored workers are fair and no less favourable to what would be provided to an Australian employee
- Keep and maintain records of employment for all 457/482 sponsored visa holders
- Ensure that the sponsored 457/482 visa holders are not performing any duties outside of the occupation they were nominated in
- Do not seek to recover, or recover costs associated with the sponsorship of the 457/482 visa holder
- Do not engage in discriminatory recruitment practices
- Provide records and information to the Department if requested
- Pay travel costs for all sponsored workers and their dependants to depart Australia if required
- Pay costs associated with the locating and removal of an unlawful non-citizen (former sponsored worker)
How Long Are Sponsorship Obligations Enforced For?
In most cases, your obligations start on the day your sponsorship is approved or a visa applicant starts work in their nominated position. Your obligations in most cases cease two years after the date you ceased to become an approved sponsor or the visa holder ceases working for you.
Do You Have Further Questions On Your Obligations As A Business Sponsor?
If you have any further questions surrounding your obligations as a standard business sponsor or the conditions of your visa holding population please do not hesitate to contact our office for assistance by submitting an online enquiry, emailing us at email@example.com or contacting us by telephone on 1300 083 843.