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Existing sponsors

Sponsorship obligations for Temporary activity sponsor

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Obligations that apply to all temporary activities sponsor

You are responsible for meeting all your obligations as a sponsor, even if you authorise someone else to act on your behalf, including a registered migration agent.

These obligations apply to all temporary activities sponsors.

Cooperate with inspectors

You, and any employee of yours acting with actual or apparent authority, 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:

  • starts on the day your sponsorship is approved
  • ends 5 years after your sponsorship approval lapses

Cooperating with inspectors could mean:

  • providing access to premises
  • allowing inspectors to inspect any work, process or object while on your premise or place
  • producing and providing documents when we require them
  • not preventing or attempting to prevent inspectors from contacting someone who holds or has access to a record or documents
  • allowing inspectors to interview anyone on your premises or place

Keep records

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:

  • any notification you must make to us
  • when, where and how you notified us

Your record-keeping obligations end 2 years after:

  • your approval as a sponsor lapses, and
  • you no longer sponsor a visa holder

The longest you need to keep any records for is 5 years.


Provide records and information to the Minister

You must provide records or information when requested by a departmental officer to help determine whether:

  • you have been and are complying with your obligations, and
  • there exist or have existed any circumstances relating to which the Minister might take administrative action

We 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
  • you are obliged to keep the records as a sponsor

This obligation applies from the day we approve you as a sponsor and ends 2 years after the day by which each of the following has occurred:

  • your approval as a temporary activities sponsor ceases, and
  • you no longer sponsor a visa holder

Tell us when certain events occur

You must let us know in writing when certain events occur. You must send the information through ImmiAccount using the Notification of Sponsorship Changes form, by registered post or email to the address we specify within the specified time of the event occurring.

Events you must let us know about in writing include:

  • a change to your notified address and contact details
  • if the primary visa holder doesn't participate in the position, program or activity we granted the visa for
  • if the primary visa holder doesn't continue to participate in the position, program or activity we granted the visa for
  • any change to your formal agreement with the visa holder
  • any change to the date the visa holder will cease the position, program or activity
  • if you pay the visa holder's return travel costs
  • if you cease to hold any necessary licenses you were required to hold in order to sponsor an entertainer
  • if the visa holder can't meet the requirements of a special program activity
  • your legal entity ceases to exist
  • if the visa holder disengages from their sponsor.

This obligation applies from the day we approve you as a sponsor and ends 2 years after:

  • your approval as a temporary activities sponsor ceases, and
  • you no longer sponsor a visa holder.

Send us notice of an event or change

Let us know about any of these events within 28 calendar days of the event occurring.

You can let us know:


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 or nominating someone
  • 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

This obligation applies from the day we approve you as a sponsor and ends on the day:

  • your approval as a temporary activities sponsor ceases, and
  • you no longer sponsor a visa holder

Pay costs to locate and remove an unlawful non-citizen

If the visa holder you sponsor becomes an unlawful non-citizen, we might require you to pay the cost of locating and/or removing them from Australia.

You might be liable to pay the Commonwealth the difference between the actual costs incurred by the Commonwealth up to a maximum of AUD10,000, less any amount you might already have paid to help the visa holder leave Australia.

This obligation starts the day the visa holder becomes an unlawful non-citizen and ends 5 years after they leave Australia. You might be asked to pay these costs for up to 5 years after the visa holder leaves Australia.

Obligations that apply to some temporary activities sponsors

Some obligations apply to some temporary activities sponsors only.
 

Ensure the visa holder undertakes the job, program or activity described in their visa application

This obligation applies to temporary activities sponsors of subclass 407 and subclass 408 visa holders.

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.

This obligation starts on the day the visa is granted and ends on whichever is the earliest of these:

  • the visa holder is granted another visa with a different approved sponsor
  • if the visa holder has a nomination approved with a different sponsor
  • the visa holder is granted another substantive visa that is different to the one they last held, other than a bridging visa, criminal justice visa or enforcement visa
  • the first day one of the following happens:
    • the visa holder has left Australia;
    • the visa holder's subclass 407 visa ceases
    • if the last substantive visa the visa holder, was a subclass 407 visa, and the visa holder held a bridging visa when they left Australia is no longer in effect

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.

This obligation starts on the day the visa is granted and ends on whichever is the earliest of these:

  • the visa holder is granted another visa with a different approved sponsor
  • the visa holder is granted another substantive visa that is different to the one they last held, other than a bridging visa, criminal justice visa or enforcement visa
  • the first day one of the following happens:
    • the visa holder has left Australia;
    • the visa holder's subclass 408 visa ceases
    • if the last substantive visa the visa holder, was a subclass 408 visa, and the visa holder held a bridging visa when they left Australia is no longer in effect

 


Secure an offer of a reasonable standard of accommodation for the visa holder

This obligation applies to temporary activities sponsors of subclass 407 and 408 visa holders.

If you sponsor someone to work for 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 members of their family unit who hold the same visa.

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

This obligation starts on the day we approve the visa application and ends on whichever of these is the earliest:

  • the day the visa holder is granted another visa (that is a different to the last one they held) other than a bridging visa, a criminal justice visa, or an enforcement visa
  • when the visa holder has left Australia and the day the visa they were sponsored for (and any bridging visa) is no longer in effect

Pay travel costs of sponsored visa holders

This obligation applies to temporary activities sponsors of 408 visa holders.

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.

The visa holder must ask you to pay the costs in writing, or we can make a written request on their behalf.

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 from Australia
  • travel from Australia to the country that the visa holder holds a passport for
  • 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. If the visa holder returns to Australia on the visa you sponsored them for after you have paid their return travel costs, you will not be required to pay their return travel costs again.

This obligation starts on the day the visa is granted and ends on whichever of these is the earliest:

  • the day the visa holder is granted another visa (that is different to the last one they held), other than a bridging visa, a criminal justice visa, or an enforcement visa
  • the visa holder has left Australia and the day their visa that they were sponsored for (and any bridging visa) is no longer in effect
  • the day the visa holder has a nomination approved to work for a different sponsor

For visa holders who apply under the domestic workers (executive) activity

You must pay reasonable and necessary travel costs for the visa holder and members of their family unit who hold the same visa to travel to and leave Australia.

Travel costs are considered reasonable and necessary if they include all of the following:

  • the visa holders' travel to Australia
  • travel to the visa holders' place of residence in Australia from the place of arrival in Australia
  • travel from the visa holders' place of residence in Australia to the place of departure from Australia
  • travel from Australia to the country from which the visa hodler came to Australia
  • are for economy class air travel or, where unavailable, a reasonable equivalent.

This obligation starts on the day the visa is granted and ends on whichever of these is the earliest:

  • the day the particular visa holder is granted another visa (that is different to the last one they held) other than a bridging visa, a criminal justice visa, or an enforcement visa
  • the visa holder has left Australia and their visa they were sponsored for (and any bridging visa) is no longer in effect
  • the day the visa holder has a nomination approved to work for a different sponsor