Obligation Explanation When obligation starts When obligation ends
Notify the Department when certain events occur You must notify the Department of Home Affairs within 28 calendar days if:

  • The sponsored person does not commence employment within the time frame agreed with the sponsor;
  • The sponsored person’s employment ends, or is expected to end;
  • Return travel costs of a sponsored person and any sponsored family members have been paid in accordance with this obligation (see below);
  • There are changes to the work duties carried out by the sponsored person;
  • If approved on the basis of meeting the Training Benchmark, and there are changes to the information provided to the Department;
  • Your business address or contact details have changed;
  • A new director or partner is appointed;
  • An insolvency/bankruptcy/receivership/liquidation/administration event occurs;
  • Your business ceases to exist as a legal entity.

Please let us know ASAP if/when any of these events occur and we can notify the Department on your behalf.

 On the day you are approved as a sponsor. Two years after the sponsorship ends and you are no longer sponsoring anyone.
Pay travel costs to enable sponsored persons to leave Australia You must pay reasonable and necessary travel costs to enable the sponsored person (and any sponsored family members) to leave Australia to a country for which that they hold a passport. The cost is for economy air travel (or a reasonable equivalent if economy not available), airport taxes, and includes internal travel within Australia (e.g. to get from Newcastle to Sydney International airport).

The costs must be requested in writing by the sponsored person and specify the country of return (country for which they hold a passport). The costs must be paid within 30 days of receiving the request in writing and notified to the Department within 28 days of payment. You will only be required to pay return travel costs once per sponsored person (unless you re-nominate the same person).

 If the person holds a 457/TSS visa, from the time the nomination is approved.

If the person does not hold a 457/TSS visa, from the time the visa is granted.

 On the day the person is nominated by another employer; granted a further visa (other than another TSS/457 or Bridging visa), or the person leaves Australia and their TSS/457 visa is no longer in effect.
Pay costs to locate and remove an unlawful citizen If a sponsored person (or any sponsored family members) becomes an unlawful non-citizen, you may be obliged to pay the costs incurred by the Commonwealth in locating and/or removing the sponsored person(s) from Australia if the Minister requests payment by written notice.

These costs will be capped at $10,000 per person (less any amount paid under the return travel costs obligation set out above).

 On the day the sponsored person becomes an unlawful non-citizen. Five years after the sponsored person leaves Australia.
Keep records / Provide records and information to the Minister The following records must be kept in a reproducible format and capable of verification by an independent person:

  • Written request by the sponsored person for the payment of return travel costs including when the request was received, how the sponsor complied with the request including how much was paid, who the costs were paid for, and date of payment;
  • Notification to the Department of certain reportable events (see above) including the date and method of the notification and where it was sent;
  • Tasks performed by the sponsored person in their nominated occupation and location where the tasks were performed;
  • Money paid to the sponsored person, and money applied or dealt with in any way on the sponsored person’s behalf or as the sponsored person directed;
  • Non-monetary benefits provided to the sponsored person, including the agreed value and the time and period those benefits were provided;
  • If there is an equivalent worker, a record of the terms and conditions that apply (or did apply), and the period they applied;
  • Written contract of employment under which each sponsored person is employed;
  • If approved prior to 12 August 2018 (when the nomination training contribution charge or training levy was introduced), evidence of meeting Training Benchmark requirements in respect of Australian citizens / permanent residents up to 12 August 2018;
  • Annual turnover in relation to calculation of the nomination training contribution charge.

You must provide such records or information relating to your sponsorship if requested by the Department in the manner and timeframe requested.

Under policy, ”Accredited” Business Sponsors may be requested to provide evidence that they continue to meet the characteristics of their “Accredited” status (eg ratio of overseas workers to Australians, turnover etc)

 On the day you are approved as a sponsor. Two years after the sponsorship ends AND you are no longer sponsoring anyone.
Cooperate with inspectors Inspectors may be appointed to investigate whether sponsors are complying with the sponsorship obligations and not employing illegal workers. The obligation includes:

  • Providing access to premises for inspection of any work, process or object;
  • Providing inspectors with access to interview any person on the premises;
  • Producing and providing documents within the requested timeframe;
  • Not preventing or attempting to prevent, access to a person who has custody of, or access to, a record or documents.
 On the day you are approved as a sponsor. Five years after the day the approved sponsorship ends.
Not recover, transfer or charge certain costs to another person You must not seek to recover or transfer costs from or to another person, including the sponsored person, that relate to:

  • Government fees for sponsorship and nomination or nomination training contribution charge (ie training levy);
  • Migration agent costs associated with the lodgement of sponsorship and nomination applications;
  • Administrative costs and any sundry costs you incur when conducting recruitment activity, including:
    • Recruitment agent fees;
    • Migration agent fees;
    • The cost of job advertising;
    • Screening of candidates, short listing, interviews and reference checks;
    • Salaries of recruitment or human resource staff;
    • The cost of outsourcing background checks, police checks and psychological testing where they relate to an employer determining an applicant’s suitability for the position;
    • Responding to queries for prospective candidates, and advising unsuccessful applicants;
    • Travel costs for the sponsor to interview and/or meet the applicant either overseas or in Australia.
 On the day you are approved as a sponsor. The sponsorship ends and you are no longer sponsoring anyone.
Ensure equivalent terms and conditions of employment The annual earnings of the person you have sponsored must not be less than:

  • The earnings indicated at the time the nomination was approved; and
  • The earnings that an equivalent Australian worker earns or would earn.

The employment conditions of the sponsored person must be no less favourable than those that are received, or would be received by an equivalent Australian worker.

This obligation does not apply if the annual earnings of the sponsored person are AUD250,000 or higher.

 If the person holds a 457/TSS visa, from the time the nomination is approved (and commences work.)

If the person does not hold a 457/TSS visa, from the time the visa is granted (and commences work.)

 On the day the person stops working for you; or on the day they are granted a further visa (other than another TSS/457 or bridging visa).
Visa holder to participate in nominated occupation only You must ensure the sponsored person works only in the occupation for which they were nominated.

If you want to engage a sponsored person for a different occupation, you must lodge a new nomination and visa application.

You must employ the person under a written contract of employment and they cannot work for another business, unless that business is an associated entity.

 If the person holds a 457/TSS visa, from the time the nomination is approved.

If the person does not hold a 457/TSS visa, from the time the visa is granted.

 On the day the person becomes sponsored by another business, they are granted a further visa other than another TSS/457 or Bridging visa, or they depart Australia and their visa is no longer in effect.
Not engage in discriminatory recruitment practices You must not engage in discriminatory recruitment practices that adversely affect Australian citizens, or any other person, based on their visa or citizenship status.

NOTE: Ajuria Lawyers recommends that you keep records that demonstrate the recruitment process in relation to a sponsored person did not discriminate based on citizenship or visa status.

 On the day you are approved as a sponsor.

NOTE: Recommended at all times.

 On the day you cease to be a sponsor.

NOTE: Recommended at all times.
Possible sanctions for failing to comply with sponsorship obligations

  • You could be barred from sponsoring more people for a specified time;
  • You could be barred from applying for approval to be a sponsor;
  • All of your existing approvals as a sponsor could be cancelled;
  • You could be required to enter an enforceable undertaking to promise, in writing, to complete certain actions to demonstrate that the failures have been rectified and will not happen again;
  • You could be issued an infringement notice of up to AUD12,600 for a company and AUD2,520 for an individual for each failure;
  • You could be issued a civil penalty order of up to AUD63,000 for a company and AUD12,600 for an individual for each failure.

You could also have sanctions imposed if:

  • You provide false or misleading information;
  • You no longer satisfy the criteria for approval as a sponsor;
  • You have been found to have contravened a Commonwealth, state or territory law;
  • A sponsored person breaks a law relating to the licensing, registration or membership needed to work in the nominated position