NOTE: The below is a simplified version of Sponsorship obligations for TSS Sponsors. These may not cover all scenarios and apply to all situations. Sponsorship obligations may also vary as they apply to TSS and 457 visa holders. More detailed information can be found here.
Obligation | Detail | When it applies | |||
---|---|---|---|---|---|
Cooperate with inspectors | Sponsors must cooperate with appointed inspectors who are investigating whether: A Sponsor may need to provide access to their premises, produce documents within certain timeframes, provide an interview and not do anything to prevent an inspection. | Starts on the day the Sponsorship is approved. Ends five years after the day the approved Sponsorship ends. | |||
Ensure equivalent terms and conditions of employment | If the salary for the nominated role is below $250,000 per annum: | Starts on whichever is earlier: Ends either: | |||
Keep records | A Sponsor must keep records to show their compliance with the obligations. Records that need to be kept include the following: | Starts on the day the Sponsorship is approved. Ends two years after: | |||
Notify when certain events occur | A Sponsor must keep records to show their compliance with the obligations. Records that need to be kept include the following: A Sponsor must also notify Immigration of business changes such as: A Sponsor must also notify of changes to the sponsored person, such as: For the most part, changes need to be notified within 28 days. Notifications should be sent via email to sponsor.notifications@abf.gov.au. | Cell | |||
Visa holder to work in nominated occupation only | The sponsored person must participate only in the occupation for which the Sponsor nominated them. If a Sponsor wants to employ a visa holder for a different occupation, they must lodge a new nomination application. | Starts on the day the visa of the sponsored person is granted. If they already hold a visa when the nomination is lodged, obligation starts on the day the nomination is approved. Ends on whichever is earliest: | |||
Not recover, transfer or charge certain costs to another person | A Sponsor must not take any action that would result in the transfer or charging of costs (including Migration Agent costs) to another person, including the visa holder or their family members. This includes costs that relate to: | Starts on the day the Sponsorship is approved. Ends on the following two events: | |||
Pay travel costs to enable sponsored people to leave Australia | A Sponsor must pay reasonable and necessary travel costs to enable a visa holder and their sponsored family members to leave Australia. They must ask the Sponsor in writing. Immigration can also make a written request on their behalf. Reasonable and necessary costs include all of the following: Travel costs must be paid within 30 days of receiving a request. Travel will only need to be paid once. If a sponsored person returns to Australia (whilst holding the same visa) after you have paid their return travel costs, you will not need to pay again. | Starts on the day: Ends on whichever is earliest: | |||
Pay costs to locate and remove an unlawful non-citizen | If a sponsored person (or any of their sponsored family members) becomes unlawful, a Sponsor might be required to pay costs incurred by the government to locate or removing them from Australia. | Starts on the day the person sponsored becomes unlawful. Ends five years after they leave Australia. This means that Immigration might, up to five years after the sponsored person has left Australia, require payment of the costs! | |||
Provide training to Australians and permanent residents | Australian-based Sponsors must contribute to the training of Australians by either: | Starts on the day of sponsorship approval, and must be met each year the Sponsor employs a visa holder. Ends either: | |||
Not engage in discriminatory recruitment practices | Australian-based Sponsors must not engage in discriminatory recruitment practices that adversely affect Australian citizens. |