SPONSORSHIP OBLIGATIONS FOR TSS VISA

Global Vision Migration Visa’s Corporate Migration Compliance services will ensure that you meet your duties to the Department of Home Affairs as a Business Sponsor:

All sponsors of subclass 457/482 visa holders are subject to sponsorship obligations. They were put in place to protect abroad skilled workers from exploitation and to ensure that the subclass 482 and 457 visa programs are used to fill genuine skills shortages rather than to undercut local labor pay and conditions.

Some requirements continue after the sponsorship approval period has ended.

You must fulfill the following requirements as a sponsor:

  •  inspectors’ cooperation
  • Ensure that all employees have the same working circumstances.
  • keep track of everything
  • furnish the Minister with records and information
  • Please let us know when specific events occur.
  • ascertain that the visa holder engages in the stated occupation, program, or activity
  • not be able to recover, transfer, or charge some costs to someone else.
  • pay for sponsored people’s travel expenses so they can leave Australia.
  • pay the costs of removing non-citizens who are not citizens. 
  • Australians and permanent residents will receive training.
  • not to act in a discriminating manner

 

Inspectors should be consulted.

 Inspectors appointed under the Migration Act of 1958 (the Act) must work with you to determine whether:

 There are additional scenarios in which we may take administrative action, such as

  •  if a sponsorship duty is being met or has been met, or 
  • if you have recruited an unlawful worker.
  • We could take administrative action in other situations as well.

This is the duty:

  •  begins the day  the sponsorship is approved or the work agreement is signed.
  • ends five years after the approved sponsorship expires or the work arrangement is terminated.

 

Cooperation with inspectors can involve (but is not limited to) the following activities:

  • allowing access to a location
  • creating and delivering documents within the timeframe specified
  • not obstructing or attempting to obstruct access to someone who has custody of or access to a record or documents
  • allowing officers access to their property to conduct interviews with anyone.

Ensure that all employees have the same working circumstances.If you’re a typical business sponsor, the terms and circumstances of employment for the individual you’ve sponsored must be no less favorable than those you supply, or would provide, to an Australian doing similar work in the same place. Furthermore, if you are a traditional corporate sponsor, the terms and circumstances of employment for the individual you have sponsored must be no less favorable than the terms and conditions you stated you would provide at the time of nomination.

If the yearly earnings of the sponsored visa holder are equal to or greater than AUD 250,000, the sponsor is exempt from this responsibility.

If you sponsor someone under a work arrangement, you must make sure that the persons you sponsor are paid the agreed-upon sum.

 

This obligation starts on the day (whichever is the earliest):

  • A subclass 457 visa is granted to the individual you sponsored. 
  • Your nomination has been accepted (if they already hold a subclass 457 visa when your nomination was approved) 

This responsibility expires in one of two ways:

  • when the sponsored visa holder ceases to work for you, or 
  • on the day they are awarded a new visa, such as a subclass 457 visa, a bridging visa, or a criminal justice visa..

This commitment persists if the sponsored visa holder is given another subclass 457 visa to continue working for you.

Keep records

You must retain documents to demonstrate that you have met your sponsorship requirements. All of the records must be kept in a reproducible format, and some of them must be able to be verified by a third party. The following are records that must be preserved in addition to records required by other Australian government and state or territory laws:

  • written requests for reimbursement of outbound travel costs for a sponsored visa holder or their family, together with the date the request was received 
  • how a sponsored visa holder or their family’s outbound travel fees were paid, how much was paid, for whom they were paid, and when they were paid
  • notifying us of an occurrence that needs to be reported to us, including the date and method of notification, as well as the location of the notice 
  • tasks completed by the sponsored visa holder in accordance to the specified occupation and the location of the tasks 
  • money given to the visa holder who was sponsored (unless the sponsored visa holder earns over AUD 250,000)
  • money applied to or dealt with on behalf of the sponsored visa holder or as ordered by the sponsored visa holder (unless the sponsored visa holder earns over AUD 250,000) 
  • non-monetary benefits offered to the sponsored visa holder, indicating the agreed value and the time or period during which those benefits were provided (unless the sponsored visa holder earns more than AUD 250,000).
  • If your workplace has an equivalent worker, keep a record of the terms and conditions that apply to that worker, including the time period for which the terms and conditions were in effect (unless the sponsored visa holder earns over AUD 250,000) 
  • Each sponsored visa holder is bound by a signed contract of work.
  • How you are complying with the training obligation if you were lawfully conducting a business in Australia at the time of your approval as a standard business sponsor or a revision of the terms of your approval as a standard business sponsor. 
  • If you are a party to a work agreement, you must keep the records required by the work agreement.

The obligation begins the day the sponsorship or work agreement is approved.

 This obligation will expire two years after both of the following events have occurred: 

  • If you don’t renew your sponsorship, your work agreement will end. 
  • You’re not sponsoring anyone anymore.

Provide the Minister with records and information.

If a departmental officer requests records or information, you must supply it if it is used to determine whether: 

  • a sponsorship need is being met or has been met, and 
  • assessing whether or not any circumstances exist or have prevailed in which the Minister could take administrative action in the manner and timeframe requested by us.

We may request that you produce records or information relating to your sponsorship duties, as well as any other items relating to your sponsorship of Subclass 457 visa holders, in writing. If a record or information is requested, you must deliver it if it is a record or information that:

  • Under Commonwealth, state, or territory law, you must maintain.
  • As a sponsor, you have a responsibility to stay in touch.

This obligation begins on the day that the sponsorship is approved or the work agreement begins.

This requirement expires after two years:

  • your sponsorship or employment contract expires 
  • You don’t have a sponsored visa holder any longer.

Please notify us when specific events occur.

 When certain occurrences occur, you must notify us in writing. Send the information to a given address via registered mail or email within a certain interval after the event has occurred.

The following are some examples of events (but not all): 

  • a change in your mailing address or phone number 
  • the conclusion of a primary sponsored visa holder’s work, program, or activity, or when it is likely to end 
  • a shift in the principal sponsored visa holder’s responsibilities

This obligation starts to apply on the day the standard business sponsorship is approved or the work agreement commences.

This obligation begins on the day that the standard business sponsorship is approved or the work agreement is signed.

This requirement expires after two years: 

  • When your sponsorship or labor arrangement expires, 
  • You’re not sponsoring anyone anymore.
All sponsors must be notified of any changes or activities within 28 calendar days:
  • The employment of the sponsored visa holder comes to an end, or is about to come to an end (the sponsor must tell us if the end date changes) 
  • The employment responsibilities of the sponsored visa holder have changed.
  • You are a standard business sponsor, and there has been a modification to the information in the sponsorship application, or an application to amend a term of sponsorship approval relating to the training requirement, as well as the sponsor’s address and contact information. 
  • If you are a party to a work agreement and your address or contact information or the training information supplied in the work agreement changes, you must notify the other party.
  • In accordance with the need to pay return travel costs, you have paid the return travel costs of a sponsored visa holder or any of their family members.
  • You have become insolvent under the Bankruptcy Act 1966, subsections 5 (2) and (3), and section 95A of the Corporations Act 2001. 
  • As a legal entity, your company vanishes.
If your business is a corporation,

A corporation must additionally tell us within 28 days of the following changes or events:

  • A new director has been appointed. 
  • Part 5.3A of the Corporations Act 2001 appoints an administrator for the company.
    • Under subsection 491(1) of the Corporations Act 2001, the company resolves to be wound up voluntarily by special resolution. 
    • The firm has been ordered to be wound up in insolvency under Part 5.4 of the Corporations Act 2001, or on other grounds under Part 5.4A.
    • Under Part 5.1 of the Corporations Act 2001, a court has authorized a compromise or arrangement submitted by the corporation. 
    • Part 5.2 of the Corporations Act 2001 makes the company’s property subject to a receiver or other controller. 
    • The deregistration of the corporation is being pursued under Part 5A.1 of the Corporations Act 2001.
If you are an individual

If you run your firm as a sole proprietor, you must also tell us within 28 days of the following changes or events: 

  • Under Part X of the Bankruptcy Act 1966, you engage into a personal insolvency agreement. 
  • Part IX of the Bankruptcy Act of 1966 allows you to engage into a debt agreement. 
  • Part IV of the Bankruptcy Act of 1966 imposes a sequestration order on your estate. 
  • The filing of a debtor’s petition under Part IV of the Bankruptcy Act of 1966 makes you a bankrupt.
  • Under Part IV of the Bankruptcy Act 1966, you file a declaration of intent to file a debtor’s petition..
  • In line with Division 6 of Part IV of the Bankruptcy Act 1966, a composition or scheme of arrangement is offered in reference to you.
If your company is a partnership, you should:
  • Within 28 days, you must additionally tell us of the following changes or events: 
  • The partnership gains a new partner. 
  • Any of the events listed for a person or a company can happen. 
If you run a business that isn’t incorporated, 
  • In addition, an unincorporated group must notify us within 28 days if: 
  • A new member of the association’s management committee has been selected. 
  • Any of the events listed for a person or a company can happen.

Ascertain that the visa holder engages in the designated occupation, program, or activity.

You must be certain that the individual you’ve sponsored solely engages in the occupation, program, or activity for which they were nominated. You must submit a new nomination application if you intend to hire a visa holder for a different occupation, program, or activity. This commitment begins the day the visa is given to the individual you have sponsored. If they already have a visa when you nominate them, your responsibility begins the day the nomination is approved..

  • This obligation expires on the following date (whichever comes first): 
  • A nomination for another approved sponsor has been approved for the sponsored visa holder. 
  • Unless the other visa is a bridging visa, criminal justice visa, or enforcement visa, the sponsored visa holder is awarded another substantive visa of a different category for which you sponsored them. 
  • The bearer of the sponsored visa has departed Australia, and the relevant visa (and any subsequent bridging visa) is no longer valid.

If you’re a standard business sponsor, you’ll need to hire the person you’ve sponsored under a formal employment contract. They are unable to work for another company, and you are unable to supply them to another company. The person might work for an affiliated entity if you were lawfully conducting a business in Australia at the time you were accepted as a normal business sponsor.

Unless it is an associated entity and you were lawfully operating a business in Australia at the time you were authorized as a normal business sponsor, you cannot engage in activities relating to the employment of the sponsored visa holder to another firm (or at the time the terms of your approval were last varied).

The only exemption to this provision is if the sponsored visa holder’s occupation qualifies as an exempt occupation for this reason.

The responsibility terminates when the sponsored visa holder receives a new substantive visa in a different subclass from the one they previously had. If the sponsored visa holder is given another subclass 457 visa to continue working for you, the responsibility continues.

Certain costs cannot be recovered, transferred, or charged to another person.

You must not take or attempt to take any action that may result in the transfer or charging of charges (including migration agent costs) to another person, such as a sponsored visa holder or their sponsored family members. This includes costs related to:

  • the recruitment of  the person you sponsored
  • becoming or being a sponsor or former approved sponsor.

This obligation:

  • starts on the day the sponsorship is approved or the work agreement commences
  • ends on the following two events:
    • you cease to be an  approved sponsor or party to a work agreement
    • you no longer have a sponsored visa holder.

Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include:

  • sponsorship fees and nomination fees
  • Expenses incurred by migration agents in the filing of sponsorship and nomination applications
  • administrative costs and any other expenditures incurred by an employer when doing recruitment activities, such as:
  • Fees charged by recruitment agencies
  • Fees charged by migration agents
  • the price of job postings
  • applicant screening, shortlisting, interviews, and reference checks
  • Recruiters’ or human resource personnel’s wages
  • the cost of outsourcing background investigations, police checks, and psychological testing for the purpose of establishing an applicant’s suitability for a post.
  • new employee training
  • replying to inquiries from potential candidates and informing unsuccessful candidates 
  • The sponsor’s travel expenses to interview and/or meet the candidate, whether in Australia or abroad. 

Pay towards sponsored people’s travel expenses so they can leave Australia

You must cover all reasonable and necessary travel expenses for the sponsored person and their sponsored family members to depart Australia. They must request that you pay the costs in writing. On their behalf, we can also submit a written request.

If all of the following are included in the costs, they will be regarded reasonable and necessary: 

  • travel from the sponsored person’s normal Australian location to their departure point from Australia 
  • travels from Australia to the nation (for which the sponsored visa holder has a passport) that he or she wishes to visit 
  • Air travel in economy class or, if that is not possible, a good substitute.

Within 30 days after receiving the request, travel expenses must be paid.

You will only have to pay for round-trip travel once. You will not be obligated to pay their return travel costs if a sponsored person returns to Australia (while retaining the visa for which you sponsored them) after you have paid their return travel costs.

This obligation begins that day:

  • If the sponsored individual did not already have a visa when your nomination for them was approved, the visa will be given. 
  • Your nomination has been accepted (if the person already held a visa in this subclass when your nomination is approved). 

This duty expires on the following day (whichever comes first): 

  • Another sponsor’s nomination for the sponsored person has been approved. 
  • A visa other than a subclass 457 visa, a bridging visa, a criminal justice visa, or an enforcement visa is issued to the individual you sponsored. Your sponsored individual has departed Australia, and the appropriate visa (and any subsequent bridging visa) is no longer valid.

This responsibility begins the day the individual you supported becomes an illegal non-citizen. It will come to an end five years after they have left Australia. This implies that we may send you a letter requesting payment of the fees the Commonwealth paid to locate and remove the person you sponsored prior to their departure from Australia up to five years after they left Australia.

Training for Australians and permanent residents is available.

If you are a normal business sponsor and you had a legal business in Australia at the time you were authorized (or at the time you had your terms of approval varied). You must contribute to the education of Australians in one of the following ways:

  • paying an industry training fund that operates in the same or related business as you at least 2% of your payroll
  • Investing at least 1% of your payroll on training for your company’s employees who are Australian citizens or permanent residents.

The date you are approved as a sponsor, you begin your commitment. You must fulfill this requirement every 12 months that you employ a sponsored visa holder (including if the sponsored visa holder is not employed by you for the full twelve months). If you employ one or more primary sponsored persons, you must satisfy the training requirement if your approval as a standard business sponsor is changed.

Either way, the obligation expires:

  • once you’ve been approved as a sponsor for three years
  • six years after you are approved as a sponsor if you are an accredited sponsor.

 Obligation to refrain from discriminatory hiring practices

If you are a regular business sponsor who is legally operating a business in Australia, you must not engage in, and must not have engaged in, discriminatory recruitment practices that disadvantage Australian residents or anybody else based on their visa or citizenship status.

You should retain papers on hand that show that a subclass 457 holder was not discriminated against during the hiring process because of their citizenship or visa status.

NOTE:This new requirement went into effect on April 19, 2016. If prejudice in hiring decisions is evident on other grounds such as sex, gender, color, social group, or pregnancy, it is not addressed. These are matters that are beyond our scope of responsibility and should be sent to other appropriate bodies, such as the Fair Work Ombudsman or the Australian Human Rights Commission.

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