Sponsorship Obligations – Notification of non-commencement

All new TSS visas are granted with a new 8607 visa condition (replacing 8107).

We advise sponsoring employers and employees of a new “notifiable event”. There is now a requirement to notify the Department of Home Affairs, in the event that a sponsored TSS visa holder does not take up the position with the sponsor within 90 days of visa grant (if in Australia) or 90 days of arrival in Australia (if outside of Australia at the time of visa grant).

Just a reminder that other “notifiable events” (events which must be notified in writing to Home Affairs within 28 days) include:

• If a 457/TSS visa holder has a change in duties
• If a 457/TSS visa holder ceases employment
• If return travel costs have been paid for after the 457/TSS visa holder has requested payment in writing after ceasing employment
• If the business sponsor becomes insolvent
• If the business sponsor appoints a new Director

Various conditions also apply visa holders who are required to hold a licence, registration or membership to work in their nominated position in Australia.

The condition 8501, which requires the visa holder (and family members) to maintain adequate health insurance in Australia, continues as previously.

Ajuria Lawyers undertakes these notifications to the Department on behalf of our clients. Please contact us if you have any query about new visa conditions.

DISCLAIMER This information is current as at 2 May 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.