Sponsorship obligation
Statutory definition
Sections 140H to 140K of the Migration Act 1958 (Cth) and the corresponding provisions of the Migration Regulations 1994 impose sponsorship obligations on approved sponsors. These include obligations relating to equivalent terms and conditions of employment, record-keeping, cooperation with inspectors, and obligations not to recover costs from sponsored persons.
Explanation
An approved sponsor of a Subclass 482 or Subclass 494 visa holder has ongoing obligations throughout the sponsorship period, including:
- Equivalent terms and conditions — the sponsored worker must receive terms and conditions of employment no less favourable than those of an Australian worker in the same occupation
- No cost recovery — the sponsor must not take actions to recover from the sponsored person (or their family) costs associated with the sponsorship, nomination, or visa application
- Record-keeping — sponsors must keep certain records and make them available to inspectors
- Cooperation with inspections — sponsors must allow the Department to inspect workplaces and records
- Notification obligations — sponsors must notify the Department of certain events (e.g., if the sponsored worker ceases employment)
Breach of sponsorship obligations can result in a civil penalty (not cancellation of the visa). The worker's visa is not automatically cancelled if the sponsorship is cancelled — the worker generally has 60 days to find a new sponsor or depart.
How this term is used
Sponsored workers and their representatives should note that the obligation not to recover costs from workers is imposed on the sponsor — a contract term purporting to require the worker to repay the sponsor for visa costs is void and unenforceable. The Department's Fair Work compliance functions monitor exploitation of sponsored workers.