Obligations for Standard Business Sponsors
As a standard business sponsor, you have obligations that apply during and, in some cases, beyond the term of your sponsorship approval. To retain or renew your sponsorship, you must continue to meet these obligations.
Notify the Department of Changes
You must inform the Department of Home Affairs in writing within 28 calendar days if:
- Your business changes its legal name, trading name, registration details, business structure, or contact details.
- The ownership, directors, principals, or partners of your business change.
- Your business ceases to exist, becomes insolvent, goes into liquidation, administration, or receivership.
- The sponsored employee’s employment ends, their duties change, or they do not commence work.
- You pay return travel costs for a sponsored visa holder or their family.
- A company director is appointed or removed, or corporate insolvency actions occur.
Submit changes via the ‘Notification of Sponsorship Changes’ form in ImmiAccount or email [email protected].
Ensure Employee Works in the Nominated Occupation
Sponsored employees must work only in the approved nominated occupation. If their role changes, you must lodge a new nomination. For certain visas, the employee must also apply for and be granted a new visa before starting the new role.
This obligation applies from the day:
- The visa is granted, or
- The nomination is approved if the employee already holds a visa.
It ends when:
- The employee ceases employment with you,
- They obtain a new nomination with another sponsor, or
- They leave Australia and their visa expires.
Maintain Equivalent Terms and Conditions of Employment
You must ensure that:
- The sponsored employee’s annual earnings remain at least what was stated in the nomination application.
- Their employment conditions are not less favorable than those of an equivalent Australian worker.
- This obligation does not apply if the sponsored employee earns AUD250,000 or more.
This obligation continues if the employee is granted a subsequent sponsored visa to remain with your business.
Prohibition on Discriminatory Recruitment Practices
You must not engage in recruitment practices that disadvantage Australian citizens or permanent residents based on their visa or citizenship status. You must keep records proving non-discriminatory hiring practices.
Record-Keeping Obligations
Sponsors must maintain accurate and reproducible records, including:
- Requests for and payments of return travel costs.
- Earnings, non-monetary benefits, and deductions applied to the employee.
- Tasks performed by the employee in the nominated occupation.
- Employment contracts and records of compliance with sponsorship obligations.
- Any changes reported to the Department.
Records must be kept for two years after sponsorship ends and must be available upon request.
Provide Records and Information on Request
If requested, you must provide relevant records to the Department to confirm compliance with sponsorship obligations.
Assume All Sponsorship-Related Costs
You must pay and must not recover or transfer costs related to:
- Becoming a sponsor.
- Nomination and migration agent fees.
- Recruitment, including advertising, shortlisting, screening, and background checks.
This obligation remains for two years after sponsorship ends.
Pay Travel Costs for Sponsored Employees
You must pay reasonable travel costs for a sponsored employee and their family to leave Australia upon request. Costs include:
- Travel from their Australian residence to the departure location.
- Economy-class air travel to the country they intend to return to.
Travel costs must be paid within 30 days of receiving a written request from the employee or the Department.
Pay Costs to Locate and Remove Unlawful Non-Citizens
If your sponsored employee or their family becomes an unlawful non-citizen, you may be required to reimburse the Australian Government for removal costs (up to AUD10,000). This obligation applies for five years after they leave Australia.
Cooperate with Inspectors
Inspectors from the Department have the authority to investigate whether:
- You are complying with sponsorship obligations.
- You have employed illegal workers.
- Other administrative actions are necessary.
You must cooperate by providing access to premises, people, and records. This obligation applies during sponsorship and for five years after it ends.
Compliance Monitoring and Sanctions
Your compliance may be monitored through site visits, requests for records, and data-sharing with government agencies.
If you fail to meet your obligations, the Department may:
- Bar you from sponsoring new visa holders.
- Cancel your sponsorship approvals.
- Issue an infringement notice (up to AUD15,840 for individuals and AUD79,200 for corporations per breach).
- Seek civil penalties (up to AUD396,000 for corporations and AUD76,200 for individuals per breach).
- Issue a prohibition declaration, preventing you from sponsoring workers.
Sponsors who seriously or repeatedly breach obligations may have their details published by the Department.
For full details, visit the Australian Border Force website.
