Sponsor Obligations

A primary sponsored applicant is the person the sponsor intends to employ or engage in a specified occupation, program or activity. Secondary sponsored applicants are members of the primary sponsored applicant's family unit.

Cooperate with inspectors

The sponsor must cooperate with inspectors appointed under the Migration Act 1958 in determining whether:

• a sponsorship obligation is being, or has been, complied with; and
• other circumstances, in which the department may take administrative action, exist or have existed (see below).

This obligation starts to apply on the day the sponsorship is approved.

This obligation ends five years after the day on which the approved sponsorship ceases.

Keep records

The sponsor must keep records of their compliance with certain obligations (specifically, the obligation to pay travel costs and to notify Immigration of certain events). All records must be reproducible and some must be capable of verification by an independent person. A complete list of the records that must be kept, including the manner in which the records should be kept, is available.
See: Obligation – Records that Must be Kept

This obligation starts to apply on the day the sponsorship is approved.

This obligation ends two years after the concurrence of the following two events:

• the approved sponsorship ceases; and
• there are no sponsored applicants in relation to the sponsorship.

However, no record need be kept for more than five years under this obligation.

Provide records and information

On request, and in the manner and timeframe requested, the sponsor must provide records or information that:

• the sponsor is required to keep under a law of the Commonwealth or a state or territory; or
• are records the sponsor is required to keep under the obligation to keep records;
• if the records or information relate to the administration of sponsorship.

This obligation starts to apply on the day the sponsorship is approved.

This obligation ends two years after the concurrence of the following two events:

• the approved sponsorship ceases; and
• there are no sponsored applicants in relation to the sponsorship.

Provide information to the department when certain events occur

The sponsor must provide certain information to the department when certain events occur (this will differ according to the class of sponsor the applicant belongs to). This information must be provided by registered post or email, to a specified address and within 10 working days of the event occurring. A list of the information and events is available.
See: Obligation – Provide Information to Immigration When Certain Events Occur

This obligation starts to apply on the day the sponsorship is approved.

This obligation ends on the day after the concurrence of the following two events:

• the approved sponsorship ceases; and
• there are no sponsored applicants in relation to the sponsorship.

Not recover certain costs from a sponsored applicant

The sponsor must not recover, or seek to recover, from the sponsored applicant, all or part of the costs (including migration agent costs):

• in relation to the recruitment of the primary sponsored applicant; or
• in association with becoming or being a sponsor or former approved sponsor.

In addition to the above, if the sponsor is a Domestic Worker sponsor or Religious Worker sponsor, the sponsor must not recover, or seek to recover, from the sponsored applicant, expenditure by the sponsor in relation to financial support of the sponsored applicant in Australia.

This obligation starts to apply on the day the sponsorship is approved.

This obligation ends on concurrence of the following two events:

• the approved sponsorship ceases; and
• there are no sponsored applicants in relation to the sponsorship.

Pay costs incurred by the Commonwealth to locate and remove an unlawful non-citizen

The sponsor must pay costs incurred by the Commonwealth in locating and/or removing a sponsored applicant from Australia, if requested 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 AUD10,000) and any amount already paid under the obligation to pay travel costs to enable the sponsored applicant to leave Australia.

This obligation starts to apply on the day on which the sponsored applicant becomes an unlawful non-citizen.

This obligation ends five years after the sponsored applicant leaves Australia. However, the sponsor is only liable for costs up to the time the sponsored applicant leaves Australia.

Ensure sponsored applicant works or participates in nominated occupation, program or activity

The sponsor must ensure that the primary sponsored applicant works or participates in the nominated occupation, program or activity. If a sponsor wants to employ or engage a sponsored applicant in a different occupation, program or activity, the sponsor must lodge a new nomination in respect of that occupation, program or activity for the sponsored applicant.

This obligation starts to apply on the day the primary sponsored applicant is granted a visa, unless he or she already holds a visa in which case the obligation starts to apply on the day the sponsor's nomination for the primary sponsored applicant is approved.

This obligation ends on the day (whichever is earliest):

• on which a nomination by another sponsor in relation to the primary sponsored applicant is approved; or
• on which the primary sponsored applicant is granted a further substantive visa of a different subclass to the one they last held (if the primary sponsored applicant is granted another substantive visa of the same type they last held in order to continue to work for the sponsor, the obligation continues); or
• the primary sponsored applicant has left Australia and the relevant visa (and any subsequent bridging visa) is no longer in effect.

Make same position available to Australian exchange participants

Immediately on completion of the exchange, the Exchange Sponsor must make available to the Australian citizen or Australian permanent resident who is a participant in the exchange the same position or equivalent position in Australia that was held by the Australian participant at the time the exchange was entered into.

This obligation starts to apply on the day on which the nomination made by the Exchange sponsor in relation to the exchange is approved.

This obligation ends 30 days after completion of the exchange.

There is more information about obligations for sponsors on the website.
See:
Sanctions for Failing to Satisfy Sponsorship Obligations
Monitoring of Sponsors

 

Before lodging an application, please read all related obligation requirements.
See: Other obligations