Staying Compliant: Sponsorship (SBS and TAS) Obligations for Australian Employers Guide

Sponsoring overseas skilled employees in Australia comes with significant responsibilities. As a business sponsor, it is important to understand and comply with your sponsorship obligations to avoid potential penalties or losing your ability to sponsor workers in the future. These work-sponsored visas may include, and not limited to:

What are the Standard Business Sponsorship (SBS) Obligations?

To sponsor employees on a SID (Subclass 482) or SESR (Subclass 494) visa, you must be an approved Standard Business Sponsor (SBS). To be eligible you must:

Have an established and operating business.
Have no adverse information associated with the business or personnel.

An approved SBS lasts for 5 years, during which you, as the employer, must comply with ongoing obligations to maintain and renew your sponsorship.

The Key Sponsorship Obligations for Sponsored Work Visas

Comply with all relevant Australian laws, including workplace health and safety.
Ensure sponsored employees receive the same pay and conditions as comparable Australian employees.
Maintain records of your sponsored staff, including timesheets, payslips, and contracts.
Inform the Department of Home Affairs (DoHA) of any changes in your business structure or the sponsored employee’s circumstances.
Cover travel costs for employees leaving Australia permanently, and do not seek reimbursement for sponsorship costs.

What Happens If I Breach My Sponsorship Obligations?

Employers are recommended to schedule regular reviews and audit checks of their business processes, and you can consider engaging the professional assistance of an immigration lawyer to maintain compliance. Some non-compliance includes a range of breaches, such as, and not limited to:

Knowingly allowing an unlawful non-citizen to work
Knowingly allowing a lawful non-citizen to work against their visa condition
Referring to an unlawful non-citizen or those with work restrictions for employment
Seeking or receiving benefits in connection with sponsorship-related events

Non-compliance may lead to, and not limited to:

A formal warning will be issued and may be considered as adverse information for future visa applications.
Fines or penalties may be issued.
Publication of your name on the Australian Border Force (ABF) website as a sanctioned sponsor.
Prohibition from future sponsorship.
Cancellation of sponsorship approvals.
Refusal of pending sponsorship applications.

How Can Agape Henry Crux Help

Complying with your sponsorship obligation is essential not only to avoid penalties but also to maintain the ability to sponsor overseas workers in the future.

For any complex work sponsored visa matters, speak with Jason Ling or Angela De Silva, our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can schedule an appointment with one of our immigration lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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