Temporary Business Sponsor Obligations
Learn more about your business sponsor obligations as a temporary business sponsor in Australia. Located in Brisbane, AIS Migration provides assistance to both temporary visa holders and businesses to make the visa sponsorship process simple. Our team of skilled migration agents provide information tailored to your needs, and guide you through the application and sponsorship process. With AIS Migration, business visa sponsorship doesn’t need to be so complicated. Get in touch with us on +61 7 3216 0052 or send us an enquiry. If your business is located outside of Brisbane, why not book a skype meeting with one of our friendly team?
When sponsoring an employee under a temporary activity visa, certain obligations apply to the sponsoring employer. These obligations need to be complied with to ensure your existing sponsorships and the ability to sponsor into the future remain. Some obligations apply beyond the sponsorship period. Here’s a list of the obligations applicable to temporary business sponsors:
Cooperate with inspectors
You must cooperate with any inspectors appointed under the Migration Act 1958 (the Act) who are investigating whether:
- you are complying with your sponsorship obligations
- you have hired an illegal worker
- you have done anything else that requires us to take administrative action
- Your obligation to cooperate
You must keep records that show you comply with your sponsorship obligations. You must be able to reproduce your records and, if necessary, have an independent person verify them. From the day you are approved as a sponsor, you must keep a record of notifications you’ve made to Home Affairs.
Provide records and information to the Minister
Home Affairs might ask you in writing to provide records or information relating to your sponsorship obligations and anything to do with your sponsorship of a visa holder. You must provide the records or information if:
- You are required to keep the records or information under Commonwealth, state or territory law; or
- You are obliged to keep the records as a sponsor (above)
Not recover, charge or transfer certain costs
You must pay the costs of becoming and being an approved sponsor and sponsoring a visa holder. You must not transfer or charge any costs to the visa holder, their family members or anyone else. This includes:
- the cost of becoming or being a sponsor
- migration agent fees
- recruitment costs such as the cost of advertising the job, screening candidates and interviews
- the salaries of recruitment or HR staff
- the costs of performing or outsourcing background or police checks or psychological testing
- training costs
- the cost of travelling to interview or meet applicants overseas or in Australia
Pay costs to locate and remove an unlawful non-citizen
If the visa holder you sponsor becomes an unlawful non-citizen, Home Affairs may require you to pay the cost of locating and/or removing them from Australia.
Obligations specific to 408 and 407 visa holders
Ensure the visa holder undertakes the job, program or activity described in their visa application (408 & 407)
Subclass 407 visa holders
You must ensure the visa holder only works or participates in the nominated occupation, program or activity. If you want to engage a visa holder for a different job, program or activity, they must submit a new visa application.
Subclass 408 visa holders
You must ensure the visa holder only performs the activity for which the visa was granted. If you want to engage a visa holder for a different activity, they must submit a new visa application.
Secure an offer of a reasonable standard of accommodation for the visa holder (408 & 407)
If you sponsor someone to work for you (or train with you) as a volunteer without a salary or wages, you must secure an offer of a reasonable standard of accommodation in Australia for them and any family they bring with them.
If the accommodation becomes unavailable, you must find somewhere else for them to stay. A reasonable standard of accommodation means the accommodation must:
- meet all state or territory and local government regulations regarding fire, health and safety
- offer 24-hour access
- provide meals or a self-catering kitchen
- be clean and well-maintained
- have a lounge area
- have adequate laundry facilities or a laundry service
- provide power for lighting, cooking and refrigeration
- have enough bathroom facilities for all guests
- have uncrowded sleeping areas
- provide appropriate gender-segregated areas and bathroom facilities
- allow adequate privacy and secure storage for personal items
Pay travel costs of sponsored visa holders (408)
Religious Workers and Special Program Participants
For visa holders who apply under the religious workers and special program participants activities, you must pay any reasonable and necessary travel costs for the visa holder to leave Australia.
Costs are considered reasonable and necessary if they include all of the following:
- travel from visa holder’s usual place of residence in Australia to their departure point
- travel from Australia to the visa holder’s country of passport
- economy class air travel or, where that is not available, a reasonable equivalent
You must pay travel costs within 30 days of receiving the request. You are only required to pay return travel costs once.
Domestic Workers (Executive)
For visa holders who apply under the domestic workers (executive) activity, you must pay reasonable and necessary travel costs for the visa holder and their family members to travel to and leave Australia.
Travel costs are considered reasonable and necessary if they include all of the following:
- the sponsored person’s travel to Australia
- travel to the sponsored person’s place of residence in Australia from the place of arrival in Australia
- travel from the sponsored person’s place of residence in Australia to the place of departure from Australia
- travel from Australia to the country from which the sponsored person came to Australia
- are for economy class air travel or, where unavailable, a reasonable equivalent.
Learn More & Get Assistance:
If all the information above sounds like too much, you’re not alone. AIS Migration have helped countless businesses just like yours gain sponsorship approval successfully. We’ll provide you with the information and advice only applicable to your needs.
Speak to one of our helpful migration assistants today on +61 7 3216 0052 or send us an enquiry for more information.