Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
Obligation to provide information to Immigration when certain events occur
From 14 September 2009, a standard business sponsor must provide certain information to the department in writing when certain events occur. These events include the following:
| Event | When to notify the department |
|---|---|
| The primary sponsored person's employment ceases, or is expected to cease |
|
| There is a change to the work duties carried out by the primary sponsored person | Within 10 working days of the change or event occurring |
| If the sponsor is a standard business sponsor, there is a change to the information provided to the department in the sponsorship application or the application to vary a term of sponsorship approval relating to the training requirement and the sponsor's address and contact details | Within 10 working days of the change or event occurring |
| If the sponsor is a party to a labour agreement, a change to the sponsor's address and contact details or the training information provided in the labour agreement | Within 10 working days of the change or event occurring |
| The sponsor has paid the return travel costs of a primary sponsored person or secondary sponsored person in accordance with the obligation to 'pay return travel costs' | Within 10 working days of the change or event occurring |
| The sponsor has become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| The legal entity of the sponsor ceases to exist | Within 10 working days of the change or event occurring |
In addition to the above, there is also an obligation for certain sponsors to provide particular information to Immigration, depending upon their organisational structure.
If the sponsor is a company
| Event | When to notify the department |
|---|---|
| If the legal entity of the sponsor is a company, a new director is appointed | Within 10 working days of the change or event occurring |
| An administrator is appointed for the company under Part 5.3A of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| The company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| A court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| A court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| A court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| The property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
| Procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001 | Within 10 working days of the change or event occurring |
If the sponsor is a natural person
| Event | When to notify the department |
|---|---|
| The sponsor enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966 | Within 10 working days of the change or event occurring |
| The sponsor enters into a debt agreement under Part IX of the Bankruptcy Act 1966 | Within 10 working days of the change or event occurring |
| A sequestration order is made against the estate of the sponsor under Part IV of the Bankruptcy Act 1966 | Within 10 working days of the change or event occurring |
| The sponsor becomes a bankrupt by virtue of the presentation of a debtor's petition under Part IV of the Bankruptcy Act 1966 | Within 10 working days of the change or event occurring |
| The sponsor presents a declaration of intention to present a debtor's petition under Part IV of the Bankruptcy Act 1966 | Within 10 working days of the change or event occurring |
| A composition or scheme of arrangement is presented in relation to the sponsor in accordance with Division 6 of Part IV of the Bankruptcy Act 1966 | Within 10 working days of the change or event occurring |
If the sponsor is a partnership
| Event | When to notify the department |
|---|---|
| If the legal entity of a sponsor is a partnership, a new partner joins the partnership | Within 10 working days of the change or event occurring |
| If the sponsor is a partner of a partnership, then any of the events listed for a sponsor who is a natural person or a company | Within 10 working days of the change or event occurring |
If the sponsor is an unincorporated association
| Event | When to notify the department |
|---|---|
| If the legal entity of the sponsor is an unincorporated association, a new member is appointed to the managing committee of the association | Within 10 working days of the change or event occurring |
| If the sponsor is a member of a managing committee for an unincorporated association, then any of the events listed for a natural person or a company | Within 10 working days of the change or event occurring |
Details of these events must be provided to one of the following offices of the department. The address to which the information must be sent corresponds with the state in which the head office of the sponsor is located.
| New South Wales | Victoria | ||
|---|---|---|---|
| Email address | NSW.sponsor.monitoring@immi.gov.au | Email address | VIC.sponsor.monitoring@immi.gov.au |
| Postal address | Sponsor Monitoring GPO Box 9984 Sydney NSW 2001 |
Postal address | Sponsor Monitoring GPO Box 241 Melbourne Vic. 3001 |
| Queensland | Western Australia | ||
| Email address | QLD.sponsor.monitoring@immi.gov.au | Email address | WA.sponsor.monitoring@immi.gov.au |
| Postal address | Sponsor Monitoring GPO Box 9984 Brisbane Qld 4001 |
Postal address | Sponsor Monitoring Locked Bag 7 Northbridge WA 6865 |
| South Australia | Northern Territory | ||
| Email address | SA.sponsor.monitoring@immi.gov.au | Email address | NT.sponsor.monitoring@immi.gov.au |
| Postal address | Sponsor Monitoring GPO Box 2399 Adelaide SA 5001 |
Postal address | Sponsor Monitoring GPO Box 864 Darwin NT 0801 |
| Australian Capital Territory | Tasmania | ||
| Email address | ACT.sponsor.monitoring@immi.gov.au | Email address | TAS.sponsor.monitoring@immi.gov.au |
| Postal address | Sponsor Monitoring GPO Box 717 Canberra ACT 2601 |
Postal address | Sponsor Monitoring GPO Box 794 Hobart Tas. 7001 |
Additional information on sponsorship obligations is available.
See: Employer Obligations
Further information on the other Subclass 457 reforms is also available.
See: What's New for Employer-Sponsored Workers