Sponsor Obligations
In the case of subclass 482 (Skills in Demand, formerly Temporary Skills Shortage), Skilled Employer Sponsored Regional (subclass 494 - SESR) and Temporary Activity visas (subclasses 403, 407 & 408), the sponsoring business needs to comply with a range of business sponsor obligations including reporting, record keeping, payments, etc.
Please contact us to find out more about these obligations and how Migration Plus can help your business to manage migration monitoring and compliance matters.
Compliance Monitoring
The Department of Home Affairs (the Department) monitors sponsor compliance with the obligations during the sponsorship period and up to five years after the sponsorship period ends. The Department may also monitor sponsored employees to ensure they comply with their visa conditions.
Monitoring may be conducted by Immigration Inspectors, Fair Work Inspectors or Fair Work Building Industry Inspectors who have investigative powers granted under the Migration Act 1958 (Cth).
Monitoring requests may take several forms including written, site visas and information sharing with other government departments and authorities.
Sanctions
Sanctions can be imposed on the sponsor if there is evidence that:
- a sponsor has not met their obligations
- a sponsor provided false or misleading information to the Department or the Administrative Appeals Tribunal
- a sponsor no longer meets the criteria for approval as a sponsor or for sponsorship renewal
- a sponsor has been found by a court or competent authority to have contravened a Commonwealth, state or territory law or
- a sponsored visa holder breaks a law relating to the licensing, registration or membership needed to work in the nominated position.
The Department will consider a range of information and circumstances when determining what action (if any) to take regarding obligation non-compliance.
One or more of the following actions can be taken against the sponsor, depending the scale and severity of the breach(es):
- impose an ‘enforceable undertaking’ requiring the signatory to promise, in writing, to undertake specific actions to rectify failures that led to the breach(es) and that non-compliance will not happen again
- publish information, including personal information, identifying the sponsor who has not complied with the sponsorship obligations, including past breaches, and any action taken against the sponsor
- impose bars preventing further visa sponsorships for a specific period of time
- refuse sponsorship applications
- cancel all of the sponsor’s existing sponsorship approvals
- issue an infringement notice of up to AUD 79,200 for a body corporate and AUD 15,840 for an individual for each failure
- apply to a court for a civil penalty order of up to AUD 396,000 for a corporation and AUD 76,200 for an individual for each failure.
Georges Abou Rjeili
Rating: 5 stars
I highly recommend Migration Plus if you are looking to migrate to Australia. They were very helpful and supportive through out the whole process of my visa application specially Dr. Anna Morozov. In fact, I got my partner visa 820 in less than 3 months and now I’m a permanent resident. The follow-up and advises they had for me were very efficient.
Brian Pohakiu
Rating: 5 stars
I am so grateful for the MigrationPlus team especially Fiona and Mateja, their expertise engaged in overseeing the 482 visa (Labour Agreement) application process from the start to the eventual granting of the visas, for me and the entire family. Very competent and efficient service.
채원석
Rating: 5 stars
First of all, I would like to say a huge thanks to Mrs Mateja who consulted my case. When I left Australia, I almost gave up to get a permanent visa but I made it now. As an offshore applicant, it was not easy but Migration Plus is very helpful and professional. Absolutely, I suggest the Migration Plus to people who are preparing any visas in Australia.
Alan Galiñanes
Rating: 5 stars
HIGHLY RECOMMENDED. EXCELLENT SERVICE AND PROFESSIONALISM. THEY MADE OUR DREAM REALITY. FOREVER GRATEFUL WITH THIS TEAM. THANKS.
Debbie Liu
Rating: 5 stars
Highly recommend Migration Plus, great service with the professional team. Thank you heaps :)
