Points Test
Book Now Following my post about 457 Employers' obligations (click here to access the article), I thought you might be interested in reading an actual standard response from the Sponsor Monitoring Unit you would receive after notifying DIBP that a 457 visa holder had left your employment.** The letter contains vital information for 457 employers in relation to your obligations and is worthy of some close attention. It also contains interesting information for 457 visa holders.
Remember you must inform the department within 10 days of any changes to your business.
**Naturally, any identifying information has been removed.
"AUTOMATICALLY GENERATED REPLY PLEASE DO NOT REPLY TO THIS EMAIL Sponsor Monitoring Unit – Department of Immigration and Border Protection (DIBP)
Your email has been received by the Sponsor Monitoring Unit of the Department of Immigration and Border Protection (DIBP).
Please note from 31 December 2014 individual responses will not be provided.
This mailbox is for receipt of notifications required under 457 Business Sponsorship obligations only.
Responses to the most commonly asked questions regarding sponsorship obligations for businesses employing 457 visa holders are provided below.
If your enquiry relates to other DIBP services, please refer to the department’s website www.immi.gov.au<http://www.immi.gov.au/> or contact us on 131 881.
Contents
1. Cessation of employment notification
2. Visa holders – Ceasing employment
3. Cancellation enquiries
4. Return travel costs
5. Leave without Pay
6. Superannuation
7. Changes in business structure
8. Change of duties/new nominations requirement under regulation 2.84
9. New nomination approved – Notice period
10. Reduction in work hours
11. Current monitoring audits
12. Sponsorship obligations
13. Other sponsor obligations and notification under regulation 2.84 14.
14. Current visa status
15. Immigration Dob-in service
1. Cessation of employment notification
If you are the business sponsor or its authorised representative advising the employment cessation of a 457 visa holder, please ensure you have provided the following information:
• full name
• date of birth,
• passport number,
• exact date of cessation of employment and
• email address or forwarding address.
2. Visa holders – Ceasing employment
A 457 visa holder has 90 days from the date of cessation to either lodge a new application or depart Australia. If after 90 days neither has occurred, you will be sent a Notice of Intention to Consider Cancellation (NOICC) letter which invites you to provide reasons why your visa should not be cancelled. A Cancellation Officer will decide if your reasons are sufficient to provide you with more time to allow you to either lodge a new visa application or to depart Australia.
Once you receive a NOICC your response should include when your prospective sponsor will be able to lodge the application. If you choose to depart Australia, the above NOICC process does not apply and your visa may instantly be cancelled.
3. Please send all enquiries regarding the cancellation process to:
NSW.457.Cancellations@immi.gov.au<mailto:NSW.457.Cancellations@immi.gov.au> – if your sponsor is located in NSW or ACT
WA.Cancellations@immi.gov.au<mailto:WA.Cancellations@immi.gov.au> – if your sponsor is located in QLD, TAS, VIC, WA, SA, NT
4. Return travel costs
Sponsors must pay reasonable and necessary travel costs to enable 457 visa holders and their family to leave Australia. 457 visa holders must request return travel from their sponsor in writing. The request must state the 457 visa holder’s name including any dependents and the country they intend to travel to (and hold a passport for).
The sponsor has 30 days from receipt to fulfil this obligation. These costs include an economy class ticket to the 457 visa holder’s home country and the cost of travelling from their usual place of residence in Australia to the nearest international airport. These costs do not include any excess baggage or freight costs. The sponsor cannot use the cost of return travel to reduce any amounts they believe the 457 visa holder still owes them. This is a separate transaction and must be paid by the sponsor within the specified time frame. This transaction must also be verifiable by an independent third party. The sponsor can either transfer funds or purchase the ticket for the 457 visa holder.
If your sponsor is refusing to pay the cost of your return travel you are encouraged to forward this response to your sponsor. If they continue to refuse to pay you should notify us immediately.
5. Leave without Pay
A 457 visa holder may take leave without pay for extended periods of time (generally up to 12 months) as long as both the sponsor and the visa holder have both agreed to this in writing. 457 visa holders on approved unpaid leave are not considered to be in breach of Condition 8107.
6. Superannuation
If you have permanently departed Australia and want to request your subclass 457 visa be cancelled to access your Australian superannuation please email your request to: Super.Hobart@immi.gov.au<mailto:Super.Hobart@immi.gov.au>
Please click here for a direct link to superannuation information: http://www.immi.gov.au/FAQs/Pages/how-can-i-get-my-superannuation-benefits.aspx
Information is also available at the Australian Taxation Office website: http://www.ato.gov.au<http://www.ato.gov.au/>
7. Changes in business structure
If your organisation has changed its ABN through transferring ownership or otherwise changing the business structure, the new entity will need to gain new approval for 457 visa sponsorship. A new nomination will also need to be lodged under the new sponsorship in order for any 457 visa holders to continue their employment. If you have notified us that your business has undergone external administration, the department will note this. No further action is required.
8. Change of duties/new nominations requirement under regulation 2.84
As long as the new position/role has the majority of its duties consistent with the ANZSCO definition that the visa holder was originally nominated for then the arrangement would not require a new nomination to be lodged. If the duties are not consistent with the ANZSCO definition then a new nomination would be required. For more information on ANZSCO: http://www.immi.gov.au/employers/anzsco/
9. New nomination approved – Notice period
A 457 visa holder is only permitted to continue working for their previous sponsor under a new nomination to fulfil any requirements for notice of termination of employment. Upon the official cessation of employment with the previous sponsor, the visa holder can no longer work with them.
10. Reduction in work hours
A 457 visa holder’s employment hours may be reduced if both the sponsor and the visa holder agree and the hourly rate of pay does not decrease. Please note that reducing your work hours may impact on future permanent work visa applications. For more information, please visit the Work in Australia page on our website at the following link:
http://www.immi.gov.au/Work/Pages/Work.aspx
11. Current monitoring audits
If you are a sponsor and are submitting documents or have an enquiry in relation to a current monitoring audit, please contact your monitoring officer directly.
12. Sponsorship obligations
Sponsorship obligations remain in place until one of the following occurs;
• the department cancels the 457 visa
• the 457 visa ceases
• a new visa is approved,
• a new 457 nomination is approved
13. Other sponsor obligations and notification under regulation 2.84
If you have notified us of a change in personal details or circumstances for either the sponsor or the visa holder, these details will be updated by the department.
For your reference, the department’s website outlines the sponsorship obligations:
http://www.immi.gov.au/skilled/skilled-workers/sbs/sponsors.htm
14. Current visa status
To check your current visa status and conditions, please visit the link below:
http://www.immi.gov.au/Services/Pages/vevo/vevo-overview.aspx
For updates regarding your visa application, please contact the processing centre directly.
15. Immigration Dob-in service
If you would like to provide information that relates to a subclass 457 sponsor not meeting their sponsorship obligations or engaging in fraud against the department please use the following link:
https://www.immi.gov.au/contacts/forms/ssl/dob-in/index.htm
If the issues are related to the non-payment of work entitlements or relates to harassment in the workplace, you should contact the Fair Work Ombudsman on 131 394 or www.fairwork.gov.au<http://www.fairwork.gov.au/>
Please note that the Sponsor Monitoring mailbox receives a large volume of correspondence, which may impact on the timeframes involved in actioning information you have provided.
Yours sincerely,
Sponsor Monitoring Unit
PEOPLE our business"
