Standard Business Sponsorship (SBS) Obligations

Cooperation with inspectors

Obligation to cooperate with departmental inspectors who may enter the business premises for performing investigative function in regards to the approved sponsorship

Terms and conditions of employment

Obligation to ensure that the sponsored persons are provided with terms and conditions of employment that are no less favourable than that provided to or would be provided to Australian citizens or Australian permanent residents. Salaries will be determined by Market rates and the threshold earning is AUD$49,330 TSMIT_July_2011.pdf.

Travel costs

Obligations to pay the travel costs for primary and secondary sponsored persons to leave Australia when requested

Removing sponsored person

Obligation to pay costs incurred by the Commonwealth in locating and or removing an unlawful non-citizen who is or was either a sponsored person if requested by the DIAC to a maximum of A$10,000.00

Notification to DIAC when certain events occur
Obligation to provide information to DIAC within 10 working days when certain events occur. Events such as

Cessation, or expected cessation, of a primary sponsored person's employment
A change to the work duties carried out by a primary sponsored person
A change to information in the sponsor's application for approval as a sponsor, or variation, relating to the training requirement,
A change of address and contact details,
A change in the legal entity of the sponsor ceases to exist,
The sponsor has paid return travel costs to enable the sponsored persons to leave Australia
The sponsor has become insolvent, bankrupt or gone into administration or other significant financial changes have occurred
A new partner director, or member to the managing committee is appointed.

Record keeping

Obligation to keep specified records to demonstrate compliance with the sponsorship obligations such as

To keep records in a format as specified by the Minister.
Documents relating to return travel costs including the written request by DIAC for payment, when it was received and when, how and to whom it was paid. These records must be kept in a way that can be verified by an independent person.
Proof of how, when and to whom DIAC was notified of any of the events listed above.
The tasks performed by the person as the holder of the visa;
The locations at which this work was carried out.

Work in nominated occupation and location

Obligation to ensure that a primary sponsored person that is the holder of a 457 (Business (Long Stay)) visa, does not work in an occupation other than that for which a nomination has been approved in relation to the sponsored person A new nomination must be approved where a primary sponsored person intends to work in a different occupation from that approved at nomination. A new nomination must be lodged and approved. Ensure that, if it is a term of the approval of the nomination of a position that a sponsored person must be employed in a particular location, the business will notify Immigration of any change in the location which would affect the nomination approval.

Recovery of sponsorship related expenses

Obligation not to seek to recover from a primary or secondary sponsored person all or part of the costs that relate specifically to the recruitment of the primary sponsored person and costs associated with becoming being an approved sponsor, being an approved sponsor or being a former approved sponsor. The primary applicant can pay their own costs for their 457 visa directly to a migration agent.

Training Benchmark

As a sponsor, you must meet the training benchmark requirement every year that you are a sponsor. In making the commitment to meet the training benchmarks on an ongoing basis, sponsors are expected to fulfil this commitment during their period of approval as a sponsor. Sponsors who do not continue to meet the training benchmarks during their period of approval may be barred from sponsoring overseas workers or have their approval as a sponsor cancelled.

General Corporate Compliance

Compliance with responsibilities under the immigration laws of Australia.
Compliance with responsibilities under the industrial, tax, superannuation laws of Australia. If laws are breached, this will seriously impede on a company’s ability to become or remain a sponsor.
Ensure that a sponsored person holds any license, registration or membership that is mandatory for the performance of work by the person.

For more information on obligations please contact us.