Visa Obligations
Employers who sponsor individuals on temporary employer sponsored visas under subclass number 457 have to comply with obligations as set out by the Department of Immigration - there can be severe consequences for businesses that fail to comply with these obligations.
If you sponsor an employee for a 457 - Temporary Employer Sponsored Visa you must agree to:
- Inform the Department of Immigration with details of any changes in your business that may affect its ability to honour the sponsorship of the employee
- Reimburse the Government for any costs incurred as a result of the sponsored migrant (and accompanying family) overstaying their visas and being located/detained/ deported from Australia
- Pay all medical or hospital charges for the employee (and any accompanying family) that arise from him/her/them being treated at a public hospital (we recommend that the employee has private medical insurance, which might be paid for by the employer or by the employee - this should be discussed as part of the salary packaging exercise)
- Be responsible for the return costs of the employee (and accompanying family)
- Comply with applicable Australian immigration law
- Not employ anyone who, by working for the employer, is in breach of Australian immigration laws
- Inform the Department of Immigration within 5 days if the employee ceases to be employed
- Comply with labour laws
- Ensure that the employee holds the necessary license, registration or membership of an association or body if a mandatory one exists for that occupation
- Ensure that the employee is paid no less than the minimum salary that was applicable at the time of the nomination application
- Cooperate with the Department of Immigration's monitoring of the business or of any sponsored employees.
- Notify the Department of Immigration if the employee changes work location - this only applies if the nomination of the employment position was approved on the basis of the position being located in regional Australia
If you would like to discuss these obligations more fully please contact us