When it comes to sponsoring migrant employees, employers need to ensure they meet sponsorship obligations. Employers can hire or sponsor skilled workers already in Australia that hold a working visa or they can sponsor skilled workers to come to Australia.
Sponsorship obligations start the day a standard business sponsorship is approved or a work agreement commences. To retain or renew a standard business sponsorship, sponsor obligations must continue to be met.
What are a Sponsor’s Obligations?
In addition to providing legal pay rates, leave conditions, shift arrangements etc, providing payslips, superannuation and taxation documents to the employee and providing a safe workplace, a sponsor must:
Advise the Department of Home Affairs when certain events occur
Any changes to names, partnerships, financials or changes related to the employees job must be communicated in writing.
Ensure employees only work in their nominated occupation
The sponsored employee must only work in the occupation you nominated them for. A change in occupation requires a new nomination to be lodged.
Ensure equivalent terms and conditions of employmentn
The annual earnings of the employee must be at least the same as those stated on the nomination application. The employment conditions should also be the same as those of an equivalent Australian worker.
Provide training to Australians and permanent residents
If you lawfully operated your business in Australia at the time your standard business sponsorship was approved or if you had the terms of your approval varied then you are obliged to contribute to the training of Australians.
Not engage in discriminatory recruitment practices
When recruiting, you may not discriminate against race, gender, social group or pregnancy.
You must keep all records that show you have complied with the sponsorship obligations. They must be kept in a reproducible format.
Provide records and information
If requested, you must supply departmental officers with records relating to the sponsorship.
Assume all costs yourself
All costs associated with becoming a sponsor, nomination charges and migration agents are your responsibility. This also applies to costs related to the recruitment process.
Cooperate with inspectors
If you are investigated in relation to your sponsorship obligations you must provide access to your premises and supply any requested documentation to the inspectors.