Subclass 457 – Sponsorship Obligations Frequently Asked Questions – Visa Holders
What is Standard Business Sponsorship (SBS)?
A Standard Business Sponsorship (SBS) is a sponsorship for Subclass 457 - Business (Long Stay) visa. It is the most commonly used program for employers to sponsor overseas workers to work in Australia on a temporary basis. From 14 September 2009, new legislation requiring Subclass 457 sponsors to adhere to a set of Sponsorship Obligations.
Who do the new sponsorship obligations affect?
Approved sponsors and in some cases former approved sponsors of Subclass 457 visa holders.
When do the new sponsorship obligations come into effect?
The sponsorship obligations under the Migration Legislation Amendment (Worker Protection) Act 2008 (and associated regulations) come into effect on 14 September 2009.
How do the new sponsorship obligations apply to new and existing visa holders?
The new sponsorship obligations will apply to all new and existing Subclass 457 visa holders after 14 September 2009.
However, a sponsor’s obligation to ensure equivalent terms and conditions differs according to whether the
visa holder concerned, is an existing Subclass 457 visa holder at 14 September 2009, or applies for a visa on or
after 14 September 2009.
See:
Subclass 457 – Market Salary Rates
Subclass 457 – Market Rates Frequently Asked Questions – Sponsors
Subclass 457 – Market Rates Frequently Asked Questions – Visa Holders
My sponsor has a current nomination application for me in progress with the department. How do the changes affect me?
Your sponsor’s nomination application will be assessed against the new nomination criteria. The department will write to your sponsor seeking further information as required.
My sponsor tells me they have an approved nomination for me. How do the changes affect me?
If the nomination was approved before 14 September 2009 and it specified you as the nominated person, that nomination approval can be used to support your visa application within the validity period of the nomination approval.
If the nomination was approved before 14 September 2009 but it did not specify you as the nominated person, that nomination approval cannot be used to support your visa application. If this is the case, your sponsor must lodge a new nomination application specifying you as the nominated person.
How are the new sponsorship obligations different from previous sponsorship undertakings?
Under the previous sponsorship undertakings, the sponsor had to expressly make the undertakings to be bound by them. Under the new provisions, a sponsor will be required by law to satisfy sponsorship obligations if they are a sponsor to whom the obligations apply.
The new sponsorship obligations also impose new obligations on sponsors that did not exist under the previous
sponsorship undertakings. This includes the obligation to ensure equivalent terms and conditions of employment
are provided to subclass 457 visa holders and Australian citizens or permanent residents for performing work in
an equivalent position at the same location.
See:
Subclass 457 – Market Salary Rates
Subclass 457 – Market Rates Frequently Asked Questions – Sponsors
Subclass 457 – Market Rates Frequently Asked Questions – Visa Holders
Can I change jobs?
Yes. Under the new laws coming into effect on 14 September 2009, you are required to work only in the occupation that is identified in your most recent approved nomination and only for the sponsor who nominated you in the most recent approved nomination.
If your sponsor wanted to employ you in a different occupation, your sponsor must lodge a new nomination in respect of that occupation. Once the new nomination has been approved by the department, you will be able to start working in that occupation.
If you want to change sponsors, your new proposed sponsor must lodge a nomination for you. Once the new nomination has been approved by the department, you may, subject to any requirement to give notice to your old sponsor, commence working for your new sponsor.
In either case, you will not be required to apply for a new subclass 457 visa, unless your existing visa is about to expire.
Can I change sponsors?
If you want to change sponsors and your visa is still valid, your new sponsor must lodge a new nomination application. Your new sponsor must also lodge a new sponsorship application if they are not already approved as a sponsor.
Is my sponsor obligated to pay any costs if they cease my employment?
Your sponsor has an obligation to pay reasonable and necessary travel costs to enable you to leave Australia upon receiving a written request from you or the department on your behalf
You sponsor must not recover, or seek to recover, from you, all or part of the costs (including migration agent costs) that relate specifically to your recruitment or costs associated with becoming or being your sponsor. For example, your sponsor cannot deduct from your wages the associated costs they have paid to the department for lodging a 457 visa sponsorship or nomination application form.