If you are looking at sponsoring overseas workers to meet your business’ skill needs where these cannot be sourced from the Australian market, you need to be aware of the standard business sponsorship obligations that you will be required to abide by.
The business sponsor visa compliance framework is designed to protect sponsored workers’ from exploitation by their sponsoring employer, and to ensure that the Australian business sponsorship visa program is being used for its intended purpose, that is, to help employers in Australia to fill genuine skill shortages in their business where they have been unsuccessful in sourcing labour from the local employment market. The compliance framework also seeks to ensure that the integrity of the company sponsored visa program is maintained by establishing company requirements to sponsor visa in their business.
Sponsor obligations apply to temporary visas where there is a formal employer sponsorship requirement and for visa subclasses where work is the main purpose and the visa holder intends to remain in Australia for an extended period.
The standard business sponsorship compliance framework outlines the sponsorship obligations of employer sponsors and the potential consequences of failing to meet the sponsorship obligations. These range from administrative sanctions (barring or removing the sponsor from participating in the company sponsored visa program), infringement notices, sponsors entering into an enforceable undertaking and civil penalties.
The Australian Border Force (ABF) is responsible for monitoring compliance and investigating breaches of the standard business sponsorship obligations. ABF officers can use a variety of procedures and techniques to obtain information to determine whether a sponsor has breached their business sponsor visa obligations.
The framework specifies the circumstances in which the Australian Border Force may bar or cancel a sponsor from the business sponsor visa program as well as the powers that officers from the Department of Home Affairs have to investigate potential breaches of the sponsorship obligations.
Note that the business sponsor visa obligations apply to all approved sponsors, that is, a standard business sponsor is just one type of approved sponsor. Other approved sponsors are temporary activities sponsors and parties to a work agreement.
Please see our article on How To Become A Sponsor to learn more about how your business can sponsor overseas workers.
What Are The Business Sponsor Visa Obligations?
The Australian business sponsorship visa obligations are outlined in Division 2.19 of the Migration Regulations. Under these Regulations, company requirements to sponsor visa are as follows:
- Regulation 2.78 – Cooperate with inspectors
- Regulation 2.79 – Ensure equivalent terms and conditions of employment
- Regulation 2.80 – Pay travel costs to enable sponsored persons to leave Australia
- Regulation 2.80A – Pay travel costs – Domestic Worker (executive)
- Regulation 2.81 – Pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen
- Regulation 2.82 – Keep records
- Regulation 2.83 – Provide records and information to the Minister
- Regulation 2.84 – Provide information to the Department when certain events occur
- Regulation 2.85 – Secure an offer of a reasonable standard of accommodation
- Regulation 2.86 – Ensure primary sponsored person works or participates in nominated occupation, program or activity
- Regulation 2.86A – Ensure primary sponsored person works or participates in the activity in relation to which the visa was granted
- Regulation 2.87 – Not recover, transfer or take actions that would result in another person paying for certain costs
- Reg 2.87B – Provide training
- Reg 2.87C – Not engage in discriminatory recruitment practices
Note that not all of the above Australian business sponsorship visa obligations apply in all circumstances of employer sponsorship. Some company sponsored visa obligations may vary depending on which activity, stream, program or visa criteria for which the sponsored overseas worker was approved.
Standard business sponsors, for example, are not subject to the following sponsorship obligations:
- Regulation 2.80A – Pay travel costs – Domestic Worker (executive)
- Regulation 2.85 – Secure an offer of a reasonable standard of accommodation
- Regulation 2.86A – Ensure primary sponsored person works or participates in the activity in relation to which the visa was granted
How Do The Company Sponsored Visa Obligations Apply To A Labour Agreement?
Where a sponsor enters into a work agreement (or a labour agreement as it is more commonly known), the company requirements to sponsor visa will be as set out in the labour agreement. The Regulations, as set out above, may be varied in the labour agreement.
How Do The Australian Business Sponsorship Visa Obligations Apply To Temporary Activities Sponsors?
A temporary activities sponsor can be an approved sponsor for the following visa subclasses:
- Subclass 403 Temporary Work (International Relations) visa
- Subclass 407 Training visa
- Subclass 408 Temporary Activity visa
The business sponsor visa obligations that apply to temporary activities sponsors vary, depending on the criteria required for visa approval. Also be aware that the sponsor obligations do not apply if the visa holder holds a subclass 408 Temporary Activity visa for less than three months, or if the approved activity is for an Australian Government endorsed event.
What Can Happen If A Standard Business Sponsorship Obligation Is Breached?
If a business sponsor breaches a standard business sponsorship obligation, the ABF can take a number of actions, including:
- applying to a court for a civil penalty order;
- barring the sponsor from taking part in the company sponsored visa program;
- cancelling the sponsorship approval;
- serving an infringement notice;
- issuing an informal or formal warning letter.
In certain instances where a sponsor has been deemed to not have satisfied an Australian business sponsorship visa obligation, the Australian Border Force may decide to issue a letter to the sponsor reminding them of the company requirements to sponsor visa (this would not be considered a formal warning and so would not constitute adverse information for migration purposes).
The Australian Border Force may not cancel an approved sponsorship or bar a sponsor that is a party to a work agreement. In this case, any action that can be taken where the sponsor has not complied with an Australian business sponsorship visa obligation will be specified in the work/labour agreement.
Get More Information
Obligations For Standard Business Sponsorship
For a detailed discussion about the company requirements to sponsor visa obligations that apply, we recommend that you refer to our article on the 482 Visa Employer Obligations.
Skilled Visa Options For Selected Occupations
Please refer to our series of articles on the skilled visa options that are available for selected occupations below:
Visa Options For Professionals
Skilled Trade Visa Options In Australia
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
Migrate To Australia As A Plastics Moulder Machine Operator, Fabricator, Welder Or Technician
Migrate To Australia As A Pig Farmer Or A Senior Piggery Stockperson
Migrate To Australia As A Small Engine Mechanic
Migrate To Australia As A Sandblaster
Employer Sponsored Regional Visa
For information on the subclass 494 regional employer sponsored visa, please see the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Requirements For Regional Employer Sponsored Skilled Visas
Employer Sponsored Visa
To learn about an employer sponsorship visa, please see the following articles:
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
Subclass 482 – A Guide to Temporary Skill Shortage
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
Skilled Visa
To learn about applying for a skilled visa, please see the following articles:
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Visa Options For Professionals
Skilled Trade Visa Options In Australia
English Requirements For Skilled Visas
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
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Contact us to book a no-obligation consultation to find out more about how to sponsor workers from overseas for your business, including the standard business sponsorship obligations that would apply.
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In conclusion, we note that the above discussion provides an overview of the business sponsor visa obligations that may apply when sponsoring a worker from overseas. We also provide links to further information so that you can learn more about how to sponsor a worker from overseas for your business.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in sponsoring a worker from overseas for your business, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice about sponsorship for overseas workers, including the company sponsored visa obligations that will apply when sponsoring employees from overseas, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
