Temporary Business (Long Stay) - Standard Business Sponsorship (Subclass 457)
Employer Obligations
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There are nine sponsorship obligations that sponsors of Subclass 457 visa holders (457 sponsors) must comply with. These are set out below.
| Employer Obligation | Explanation | Duration of obligation |
|---|---|---|
| Obligation to cooperate with inspectors | The standard business sponsor must cooperate with inspectors appointed under the Migration Act 1958. |
|
| Obligation to ensure equivalent terms and conditions of employment | The standard business sponsor must ensure that the terms and conditions of employment provided to a primary sponsored person are no less favourable than the terms and conditions the person provides, or would provide, to an Australian citizen or Australian permanent resident to perform work in an equivalent position in the person's workplace at the same location. |
|
| Obligation to pay travel costs to enable sponsored persons to leave Australia | The standard business sponsor must pay reasonable and necessary travel costs to enable the sponsored persons to leave Australia if the costs have been requested in writing by the sponsored persons, or the department and the costs have not already been paid by the sponsor in accordance with this obligation. The costs will be considered reasonable and necessary provided they:
|
|
| Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non-citizen | The standard business sponsor must pay costs incurred by the Commonwealth in locating and/or removing the primary or secondary sponsored persons from Australia, if the Minister has requested the payment by written notice. The sponsor is liable to pay the Commonwealth the difference between the actual costs incurred by the Commonwealth (up to a maximum of $10 000) less any amount already paid under the obligation to pay travel costs to enable sponsored persons to leave Australia. |
|
| Obligation to keep records | The standard business sponsor must keep records of its compliance
with the other obligations. All of the records must be reproducible
and some must be capable of verification by an independent person. See: Obligation to Keep records |
|
| Obligation to provide records and information to the Minister | The standard business sponsor must provide records or information that goes to determining whether:
|
|
| Obligation to provide information to Immigration when certain events occur | The standard business sponsor must provide certain information
to the department when certain events occur. This information must
be provided by registered post or electronic mail, to a specified
address and within certain timeframes of the event occurring. |
|
| Obligation to ensure primary sponsored person does not work in an occupation other than an approved occupation | The standard business sponsor must ensure that the primary sponsored person does not work in an occupation other than the occupation that is the subject of the most recent approved nomination for the person. If a sponsor wants to employ a primary sponsored person in a different occupation, the sponsor must lodge a new nomination in respect of that occupation for the primary sponsored person. The standard business sponsor must also ensure that they do not engage the primary sponsored person's services other than as an employee. |
|
| Obligation not to recover certain costs from a primary sponsored person or secondary sponsored person | The standard business sponsor must not recover, or seek to recover, from the primary or secondary sponsored person, all or part of the costs (including migration agent costs):
|
|
Further information regarding sponsorship obligations is available.
See:
Subclass
457 – Sponsorship Obligations Frequently Asked Questions – Sponsors
Subclass
457 – Sponsorship Obligations Frequently Asked Questions – Visa
Holders
Fact
Sheet – Subclass 457 Sponsor Obligations (267KB PDF file)
Impact on overseas based standard business sponsors
The reforms that came into effect on 14 September 2009 under the Migration
Legislation Amendment (Worker Protection) Act 2008 and associated regulations
also impact upon overseas based standard business sponsors.
See: Impact of Worker Protection Regulations commencing on 14 September
2009 on overseas based standard business sponsors
Monitoring
Employers who are approved as a sponsor will be monitored to ensure
they are complying with their sponsorship obligations.
See: Monitoring
of Business Sponsors
Sanctions
There is action the department can take if a Subclass 457 sponsor fails
to satisfy a sponsorship obligation.
See: Sanctions
Subclass 457 – market salary rates
From 14 September 2009, all sponsors of Subclass 457 visa holders (457 sponsors) will be required to adhere to a new series of sponsorship obligations. For 457 sponsors, the obligation to ensure equivalent terms and conditions of employment will mean that they pay market salary rates to their overseas workers.
For current Subclass 457 visa holders, transitional arrangements will apply.
See: Subclass 457 – Market Salary Rates
Before lodging an application, please read all related obligation requirements.
See: Other Obligations
