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Australian Immigration Law Update: The Department of Home Affairs and the Australian Border Force: Subclass 482 sponsorship obligations

by | Apr 23, 2021 | Migration

The Australian Border Force as the operational enforcement arm of the Department of Home Affairs is responsible for a broad range of compliance and enforcement operations. This includes sponsorship monitoring and managing visa holders’ compliance with their visa obligations, as well as Migration Field Compliance operations.

Temporary skill shortage (Subclass 482) program – Sponsorship obligations

Approved sponsors under the Subclass 482 Program must meet sponsorship obligations.

The sponsorship obligations aim to ensure a range of regulatory requirements including:

  • A sponsor employs local labour where possible
  • The terms and conditions of employment offered to the primary Subclass 482 visa holder accord with the terms and conditions that would be provided to an Australian citizen or Australian permanent resident undertaking equivalent work in that workplace’s location
  • The primary Subclass 482 visa holder undertakes work consistent with the approved nomination application
  • There is a genuine need for the position as there is a prohibition against sponsorship so as to achieve a “migration outcome”.

Sponsorship obligations apply to all approved and former approved sponsors and include:

  • Cooperate with inspectors
  • Notify Sponsor Notifications when certain events occur
  • Ensure the sponsored employee works only in the nominated occupation
  • Ensure equivalent terms and conditions of employment
  • Not engage in discriminatory recruitment practices
  • Keep records
  • Provide records and information
  • Assume all costs yourself
  • Pay travel costs
  • Pay costs to locate and remove an unlawful non-citizen.

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