Monitoring and Sponsorship Obligations

Visa Solutions Australia

The Monitoring and Sponsorship Obligations

When it comes to hiring overseas workers, many visas require sponsorship of employees by the business employing them in Australia.

Once a business has been approved as a standard business sponsor, their sponsorship obligations commence. These obligations must be met to retain or renew a standard business sponsorship.

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As a sponsor, what are my obligations?

Sponsors are required to provide employees with:

Legal pay rates
Leave conditions
Shift arrangements
Payslips, superannuation and taxation documents
A safe workplace

See additional obligations below.

In additional to this you must also:

Advise the Department of Home Affairs when certain events occur such as changes to names, partnerships, financials or changes related to the employee’s job
Ensure the sponsored employee only works in their nominated occupation
Provide equivalent terms and conditions of employment for sponsored employees, i.e., their employment conditions should be the same as those of an equivalent Australian worker
Provide training to Australians and permanent residents
Not engage in discriminatory recruitment practices
Keep records that show you have complied with the sponsorship obligations
Provide records and information related to the sponsorship to departmental officers if requested
Be responsible for all costs associated with becoming a sponsor
Pay all necessary travel costs for the sponsored employee and their family members to leave Australia
Pay costs to remove unlawful non-citizens from Australia
Co-operate with inspectors if you are investigated in relation to your sponsorship obligations

The Department of Home Affairs monitors all standard business sponsors to ensure they comply with these obligations. You will be monitored while you are a sponsor and up to five years after your sponsorship ends. Sponsored employees are also monitored to ensure they comply with their visa conditions.

What Happens if my sponsorship obligations are not met?

If you don’t meet your sponsorship obligations, the Department of Home Affairs may take any of the following actions:

administrative
enforceable undertaking
civil

The penalties if any of these actions are applied range from being barred from sponsoring visa holders to having an infringement notice issued against you.

The disciplinary action taken depends on whether you are a standard business sponsor or have a work agreement. If you have a work agreement, the agreement could be suspended or terminated in accordance with the clauses of the particular work agreement.

How do I learn more about my obligations as a business sponsor?

Business sponsorship can be quite complex so it’s always good to speak with experts in the field. Visa Solutions’ team of registered migration agents have many years of experience and knowledge in the area of business sponsorship and are ready to help you with any issues you may have with your current sponsorship or if you need assistance applying for a new sponsorship. We look forward to helping you.

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457 VISA

What are the employer obligations for a 457 visa?

One of the most popular routes into Australia is via a sponsored 457 visa. This Temporary Work visa aims to address genuine skills shortages in the Australian labour market by bringing people from overseas who have skills which are in demand.

But employers using the 457 program, must become approved business sponsors and abide by certain obligations set out by the Department of Immigration and Border Protection.

There are penalties for not complying with the regulations. Visa Solutions Australia can guide employers through the sponsorship approval process and advise them of their obligations as a 457 sponsor.

23/02/2017

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