482 Do’s and Don’t for Sponsoring Employers
If you are a standard business sponsor operating in Australia, you must follow strict rules to ensure fairness and compliance with Australia’s skilled migration and workplace laws.
Here’s what you need to know:
Before you sponsor a skilled worker to Australia
Fair Hiring Practices
You must not engage in discriminatory recruitment practices. This means treating all job applicants fairly, regardless of their citizenship or visa status. Keep records to prove that you followed fair hiring practices when recruiting visa applicants.
For questions about discrimination, contact the Fair Work Ombudsman or the Australian Human Rights Commission.
Covering Sponsorship Costs
As a sponsor, you must pay all costs related to:
- Becoming a sponsor and submitting applications.
- Recruitment activities, including advertising, background checks, and interviews.
You cannot pass these costs to the sponsored employee or their family.
While you are sponsoring a skilled worker in Australia
Record-Keeping
You must maintain clear, verifiable records about your sponsorship activities, including:
- Employee contracts and tasks performed.
- Payments for travel costs or other benefits.
- Salaries and non-monetary benefits provided to employees.
- Notifications of significant events related to sponsorship.
These records must be kept for two years after your sponsorship or employment ends.
After your sponsored employee completes their tenure with you
Paying for Travel
If your sponsored employee or their family wants to leave Australia, you must pay for reasonable travel costs, including:
- Economy flights to their home country.
- Travel from their residence to the airport.
You only need to pay these costs once and must do so within 30 days of a written request.
Providing Information
You must provide requested records to government officers to show compliance with sponsorship obligations. This obligation lasts for two years after your sponsorship ends.
Unlawful Non-Citizens
If your sponsored employee or their family becomes an unlawful non-citizen, you may need to repay relocation costs to the Australian Government (up to AUD 10,000). This responsibility lasts for five years after they leave Australia.
Cooperating with Inspectors
Inspectors may investigate whether you are meeting your obligations under the Migration Act. You must:
- Allow access to your premises.
- Provide requested documents and information.
This obligation lasts for five years after your sponsorship ends.
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