Australian Sponsoring Organisation Obligations

A professional development sponsor is bound by the following sponsorship obligations for the primary applicant.

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.

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.

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 applicants 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 starts to apply:

• if the sponsored applicant holds a Subclass 416 visa or Subclass 470 – on the day the applicant is granted the visa
• if the sponsored applicant holds a Subclass 420, Subclass 421, Subclass 428 or Subclass 442 visa – on the day on which a nomination by the sponsor of an occupation or activity for the primary sponsored applicant is approved
  or
• if the sponsored applicant does not hold a Subclass 420, Subclass 421, Subclass 428 or Subclass 442 visa on the day the nomination is approved – on the day the applicant is granted the visa.

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

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 sponsored applicant has left Australia and the relevant visa (and any subsequent bridging visa) is no longer in effect.

Security bond

For sponsorship to be approved, a security bond is normally required for each professional development program involving overseas participants from countries which are not eligible to use an Electronic Travel Authority. The bond covers all participants within a single program. Unless otherwise advised, the bond is AUD$15,000, payable by the Australian sponsoring organisation as a bank guarantee.

A security bond is not normally required for programs where participants are from countries eligible to use an Electronic Travel Authority.
See: Electronic Travel Authority eligible countries

A bond may be forfeited as a result of non-compliance with any of the conditions or obligations associated with sponsorship approval, the professional development program or visa.

The Australian sponsoring organisation is required to sign an undertaking that they will replace any part of the bond forfeited during the course of a professional development program, as specified by the department.

Results of non-compliance

Penalties may be sanctioned if you do not comply with these obligations.
See: Monitoring of sponsors

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