Every sponsor accredited with Standard Business Sponsorship (SBS) must comply with the Australian authorities. Here's Seven Corp's summary of key duties.
The Department of Home Affairs and the Australian Border Force work together to ensure that companies comply with their sponsorship obligations and that visa holders comply with the conditions imposed on their visas.
Most obligations begin on the day the sponsorship is approved. Companies that fail to comply can be liable for significant penalties and the removal of their sponsorship status. Individual visa holders can also have their visas cancelled if they fail to comply with the conditions of their visas.
Notifications
Keeping the Department of Home Affairs updated about any relevant change in the business is a key element of the duties of the sponsorship business.
- Notify the Department when events occur such as changes to your business, directors, legal name, trading name, corporate structure, address, etc.
- Notify the Department if the business becomes insolvent, is bankrupt, goes into receivership, liquidation or administration or ceases to exist as a legal entity.
- Businesses, companies and businesses operated as individuals must notify the DHA with 28 calendar days’ notice when the sponsored visa holder ceases employment, does not start work or has a change of duties.
- Cooperate with the Department for audits on compliance.
Employers to Employees
- Ensure that the terms and conditions of their sponsored workers are fair and no less favourable than those that would be provided to an Australian employee.
- Maintain and retain employment records for all 457/482 sponsored visa holders
- Ensure that 457/482 sponsored visa holders are not performing any duties outside the occupation for which they were appointed.
- Ensure the annual earnings of the employee (earning less than AUD250,000) must be at least the same as those stated on the nomination application when we approved the application.
- The employer obligation ends on the day the employee ceases employment, or has a nomination approved for a different approved sponsor, and if the employee leaves Australia and their subclass 457, SID, TSS or SESR visa (or any subsequent bridging visa) is no longer in effect.
Keep Records and Travel Costs
The company must keep records to show your compliance with the sponsorship obligations.
- Do not seek to recover or reclaim costs associated with sponsoring the 457/482 visa holder.
- Do not engage in discriminatory recruitment practices.
- Provide records and information to the Department when requested.
- Businesses are requested to pay reasonable and necessary travel costs to let the sponsored employee and their sponsored family members leave Australia if necessary.
- Pay the costs associated with locating and removing an unlawful national (former sponsored worker).
Despite the requirements listed as sponsor obligations, Seven Corp has specialised professionals to support businesses and companies to navigate the process of hiring highly qualified workers in a simplified approach and with accurate results tailored to specific needs.
If you have any further questions about your obligations as a standard business sponsor, do not hesitate to contact a Seven Corp specialist for a free consultation.
Email employer@sevencorpcom.au
Phone number 1300 157 707