Obligation Summary of Obiligation When obligation starts When obligation ends
Equivalent terms and conditions of employment A company sponsoring a person for  482 visa must ensure:

  • That the annual earnings are not less than the annual earnings stated in the approved nomination.
  • That the annual earnings are not less than the earnings an Australian citizen or Australian permanent resident earns or would earn for equivalent work in the same workplace at the same location
  • That employment conditions other than earnings are no less favourable than those that apply, or would apply, to an Australian citizen or Australian permanent resident performing equivalent work at the same location.

These obligation does not apply where the primary sponsored person’s annual earnings are equal to or greater than $250,000.

 When the approved nomination identifies the worker, or, if they do not hold the relevant visa at that time, when the visa is granted on that nomination. When the worker stops working for you or is granted a further substantive visa that ends the obligation.
Pay travel costs to enable sponsored persons to leave Australia The sponsoring company  must pay travel costs of the sponsored visa holder and sponsored family members if a written request is made by the sponsored person or Department:

  • The sponsor 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 Subclass 482 visa, from the time the nomination is approved. On the day the person is nominated by another employer; granted a further visa (other than another 482 or Bridging visa), or the person leaves Australia and their 482 visa is no longer in effect.
Pay costs incurred by the Commonwealth to locate and remove an unlawful non-citizen An approved sponsor is responsible for costs of up to $10,000 incurred by the Commonwealth in locating or removing the sponsored person or their family if they stay unlawfully in Australia. When the person becomes an unlawful non-citizen. 5 years after the person leaves Australia.
Keep and provide records An approved sponsor must keep records 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 below) 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;
  • 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)

 When you become an approved sponsor, or, if applicable, when the work agreement starts. 2 years after the sponsorship or work agreement ends and there is no sponsored person, but no record must be kept for more than 5 years.
Provide information to Immigration when certain events occur An approved sponsor must provide details of a prescribed event to the Department  electronically and in the manner specified in the legislation

These notifications must be provided within 28 days of the event occurring.

 

For a standard business sponsor, prescribed events are:

  • That a primary sponsored person stops working for the sponsor or is expected to stop working for the sponsor (cessations of employment)

That the work duties carried out by a primary sponsored person change, or that the person does not start work by the agreed time.

  • Payment of travel costs (see above)
  • A change to the business address.
  • Appointment of a new director, partner or managing committee member, as applicable.
  • Cessation of the legal entity, insolvency, bankruptcy, administration, receivership, and restructuring.
 When you become an approved sponsor, or, if applicable, when the work agreement starts. When the sponsorship or work agreement ends and there is no sponsored person.
Ensure the primary sponsored person works in the nominated occupation The sponsor must ensure that the primary sponsored person works in the nominated occupation and no other occupation. When the approved nomination identifies the worker, or, if they do not hold the relevant visa at that time, when the visa is granted on that nomination. When another approved sponsor takes over, the worker is granted a further substantive visa that ends the obligation, the worker stops working for you, or the worker leaves Australia and the relevant visa ceases.
Not recover, transfer or seek payment of prescribed costs An approved sponsor must not take action, or seek to take action, that would result in prescribed costs being transferred to another person or paid by another person to the sponsor.

An approved sponsor must not recover, or seek to recover, prescribed costs from another person including:

  • Costs associated with becoming, being, or having been an approved work sponsor.
  • Costs associated with a nomination.

Costs that relate specifically to the recruitment of the sponsored person.

 When you become an approved sponsor, or, if applicable, when the work agreement starts. When the sponsorship or work agreement ends and there is no sponsored person.
Not engage in discriminatory recruitment practices You must ensure the sponsored person works only in the occupation for which they were nominated.

A sponsor 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.

 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.

 When you are approved as a standard business sponsor. When you cease to be a standard business sponsor.