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Navigating Australian sponsorship obligations can be complex. As an immigration lawyers specialising in Australian immigration law, we understand the intricacies of ensuring your business remains compliant when you employ foreign workers.
Whether you’re sponsoring employees through the Temporary Skill Shortage (TSS) visa, the Subclass 494 Regional Sponsored scheme, Employer Nomination Scheme (ENS), or other visa programs, a robust compliance program is essential. If you’re party to a Labour Agreement, your obligations may be even more onerous.
Overlooking your compliance obligations can have serious repercussions, including:
Civil and Criminal Penalties:
Breaching your sponsorship obligations, such as failing to meet training benchmarks or providing inaccurate information, can result in significant financial and even more serious penalties.
Cancellation of Sponsorship:
Serious breaches can lead to the cancellation of your sponsorship approval or your Labour Agreement, preventing you from sponsoring future employees.
Reputational Damage:
Non-compliance can harm your company’s reputation, making it difficult to attract and retain skilled workers.
Visa Refusals or Cancellations:
Failing to comply with your sponsorship obligations can lead to visa refusals for your sponsored employees and potential delays for your business operations.
Increased Scrutiny:
Previous sponsorship breaches can lead to increased monitoring from the Department of Home Affairs and increased scrutiny of future sponsorship applications.
However, ensuring compliance offers many advantages:
Streamlined Visa Processing:
A well-maintained compliance system makes visa applications smoother and faster.
Attracting and Retaining Skilled Workers:
Demonstrating a commitment to compliance assures potential employees that you value their contributions and are a responsible employer.
Business Growth:
Accessing a wider pool of talent through sponsorship can help your business grow and thrive.
Peace of Mind:
Knowing you are meeting all legal requirements provides peace of mind and allows you to focus on your core business operations.
Proactive management and meticulous record-keeping are vital for successful sponsorship.
Don’t risk penalties and reputational damage.
The Department of Home Affairs has increased its monitoring of employers through the Australian Border Force and FairWork Australia. Recent legislation has also increased the penalties that can be imposed on employers who breach their obligations and exploit employees, and the introduction of the “Justice Visa” ensures employees who make workplace allegations against their employers, will be able to remain in Australia to see out the legal progress of their claim.
Contact us today for a consultation on developing and implementing a comprehensive sponsorship compliance strategy tailored to your specific needs. We offer assessment and analysis your workplace compliance, including employees’ visa statuses, as well as employer and employee training, online and in person.
Let’s ensure your sponsorship program is efficient, effective, and compliant.
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