Sponsoring overseas employees in Australia can be a great way to bring skilled talent into your business. However, being a sponsor comes with real responsibilities. Here’s a simple guide to help you stay on top of your obligations and avoid penalties.
Understand Your Role as a Sponsor
When you sponsor a skilled worker, you’re taking on an official role recognised by the Australian Government. Your actions can directly affect whether you keep your sponsorship approval, so it’s important to know what’s expected of you. Different sponsorship types – standard business sponsors, accredited sponsors, or temporary activity sponsors – have slightly different rules, but the core responsibility is the same: act responsibly and keep the Department informed.
Keep the Department Updated
One of the easiest ways sponsors get into trouble is failing to notify the Department of Home Affairs when things change. You should alert them if:
- Your business circumstances change (e.g., restructure, change of ownership, or closure).
- Details about your sponsored employee change (e.g., role, hours, contact details).
Staying proactive here can prevent complications later.
Understand the Risks of Non-Compliance
If you fail to meet your sponsorship obligations, you may face several serious consequences, including:
- Loss of your sponsorship approval – Your current permission to sponsor workers could be cancelled.
- Restriction on future sponsorship applications – You could be barred from applying for sponsorship approval in the future.
- Prohibition from sponsoring other workers – You may be restricted from sponsoring any additional employees.
- Infringement notices with financial penalties – Fines can vary depending on whether you are an individual or a body corporate, and whether it is a first or repeat breach.
- Civil penalties imposed by the courts – Corporations can face fines up to $82,500 per breach, and individuals up to $16,500 per breach.
- Enforceable Undertakings – A legally binding agreement with the Department of Home Affairs or Australian Border Force to address and correct the breach.
Repeated or serious breaches may trigger multiple penalties at once, which can disrupt your business and damage your reputation.
Take Action
Being a sponsor is a commitment, but with the right approach, it can be smooth and rewarding. If you want to ensure your sponsorship obligations are fully met and protect your business from penalties, contact SALIA Lawyers & Associates for tailored guidance today. Our expert team can help you navigate your responsibilities with confidence.
Disclaimer: Please note that the information provided is intended as a general guide and should not be relied upon as legal or migration advice. As migration laws and regulations can change, we recommend consulting an Australian Lawyer or Registered Migration Agent for advice tailored to your circumstances.
