Book Now Are you an Approved Business Sponsor and sponsor Subclass 457 employees?
Do you know what your obligations are to the Department of Immigration and Border Protection (DIBP)?
Do you even realise that you have some pretty serious obligations to the DIBP as a 457 employer?
Did you know that if you breach your obligations, your business is liable for huge (and I mean colossal) fines as well as bans on sponsorship of further 457 employees, including those that might be eligible to apply for permanent residence?
We cannot stress enough how incredibly important it is that you comply with your sponsorship obligations. Worksite visits by both Fair Work Australia and DIBP monitoring are increasingly common. So common in fact that you must assume that it WILL happen, rather than it might happen.
Even if you don't get a fine or other sanction, you may end up with "adverse information" on your file which in itself can prevent you sponsoring new 457 employees or rewarding your eligible long term 457 employees with a permanent residence nomination. It is critical that you, as an employer, get it right.
The most important things you MUST do as an Approved Business Sponsor are:
- Ensure your 457 workers are doing the work they were nominated to do. This means that if they e.g. were nominated as a carpenter, they must perform the tasks of a carpenter – and not work as something else (you'd be amazed how common this is).
- Don't allow your 457 workers to work for anyone else.
- Keep accurate and up to date records, including pay records, business banking records, tax records, employee records etc. Get a bookkeeper if you're hopeless at financial record keeping. Records are often the first thing that Immigration site inspectors will ask for. They need to be complete and accurate.
- Pay your 457 workers what you promised to them in their employment contracts. Immigration takes a particularly dim view of employers who exploit workers by not paying them properly or making them work excessive hours etc.
- Make sure your 457 workers work under the same terms and conditions as Australian workers doing the same job.
- Comply with your training obligations. You must pay a prescribed amount either into an industry training fund (2% of your payroll) OR spend a prescribed amount on training (1% of your payroll) Australians or Permanent Residents (but not the employer or the employer's relatives). You must contribute the required amount every 12 months of your sponsorship approval.
- Co-operate with Immigration Inspectors or Fair Work Inspectors if they request a site visit or request documents from you. Your business can be monitored by inspectors at any time and you will be subject to monitoring from the date you employ your first 457 visa holder until 5 years after your business sponsorship expires.
- You must inform Immigration when certain business events happen such as an employee leaves or is terminated, you change business addresses, you change directors etc. This must be done within ten days of the event. No excuses.
- Don't claim any of your migration expenses (e.g. sponsorship application fees, nomination fees) from your 457 visa holders, and be aware that you are liable for their travelling home expenses once they leave you (economy airfares plus the cost of getting to the airport) if so requested by them.
Where do I send a notice of a business event or change?
Depending where you are here are the addresses – email is best.
Australian Capital Territory
Email: ACT.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 717
Canberra ACT 2601
New South Wales
Email: NSW.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 9984
Sydney NSW 2001
Queensland
Email: QLD.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 9984
Brisbane Qld 4001
Northern Territory
Email: NT.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 864
Darwin NT 0801
South Australia
Email: SA.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 2399
Adelaide SA 5001
Tasmania
Email: TAS.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 794
Hobart Tas. 7001
Victoria
Email: VIC.sponsor.monitoring@border.gov.au
Sponsor Monitoring
GPO Box 241
Melbourne Vic. 3001
Western Australia
Email: WA.sponsor.monitoring@border.gov.au
Sponsor Monitoring
Locked Bag 7
Northbridge WA 6865
Need help with your obligations? Book a consultaion with us and we'll take you through them and examine your current practices. Call +61 3 9573 5200 now or book a consultation online here.
