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.

This obligation applies from 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 sponsorship obligations as well as Commonwealth or state and territory laws. The sponsor must provide this information on request and in the manner and timeframe requested.

All records must be produced on request and, in general, must be verifiable by an independent person.

The sponsor has an obligation to keep records of notification to the department, including:

• a record of a notification, which the sponsor was required to make to the department
• a record of the date on which the sponsor notified the department, the method by which the notification was made and where the notification was made
• records or information which relate to the administration of sponsorship.

See: Obligation – Records That Must be Kept

This obligation applies from the day the sponsorship is approved.

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

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

Record keeping timeframe

Records need be kept for five years under this obligation.

Events where a sponsor must provide information to immigration

Events where a sponsor must notify the department include:

• the information provided in the sponsor application regarding the sponsor's address or contact details has changed
• a primary sponsored person fails to participate in the activity for which they were nominated
• a primary sponsored person ceases the activity for which they were nominated, prior to the cessation date.

How a sponsor must report an event to immigration

The sponsor must provide the relevant details of the event by registered post or by electronic mail to an address specified by the Minister within 10 working days.

Details of events must be provided to the appropriate office of the department. The specified address will be in the state or territory in which the head office of the sponsor is located.

Not recover certain costs from a sponsored applicant

The sponsor must not seek to recover from the sponsored applicant, all or part of the costs:

• in relation to the recruitment of the primary sponsored applicant
  or
• in association with the sponsorship (including migration agent costs).

This obligation applies from the day on which the sponsorship is approved.

This obligation ends when:

• 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 and any secondary applicants who have become unlawful 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 applies from the day on which the sponsored applicant becomes an unlawful non-citizen.

This obligation ends five years after the sponsored applicant leaves Australia. 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 applies from 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):

• a nomination by another sponsor in relation to the primary sponsored applicant is approved
• the primary sponsored applicant is granted a substantive visa for a different subclass from the one last held
• the primary sponsored applicant has left Australia and the relevant visa (and any subsequent bridging visa) is no longer in effect.

Secure an offer of a reasonable standard of accommodation

Where the primary sponsored applicant is not receiving a salary or wages, the sponsor must secure an offer of a reasonable standard of accommodation for the sponsored applicant while they are in Australia. A guide to what is considered a reasonable standard of accommodation is available.
See: Obligation – Reasonable Standard of Accommodation

This obligation applies from:

• the time the nomination is approved if the nominated person holds a visa
• the time the visa is granted if the nominated person does not hold a visa.

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

• a nomination by another sponsor in relation to the sponsored applicant is approved
• the sponsored applicant is granted a further substantive visa of a different subclass from the visa last held
• the sponsored applicant has left Australia and the relevant visa (and any subsequent bridging visa) is no longer in effect.

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