Sponsorship Obligations

When an employer sponsors a foreign worker for an Australian visa, they have specific sponsorship obligations they must adhere to throughout the duration of the visa. These obligations help ensure that the sponsored worker is treated fairly and that the Australian labour market is protected. Below are the key sponsorship obligations for employers:

• Compliance with Migration Laws

Employers must comply with all relevant Australian migration laws and ensure the worker complies with the conditions of their visa.

• Genuine Work

Employers must provide the sponsored employee with work in the nominated occupation. This includes ensuring that the work is genuine and aligned with the employee’s skills and qualifications.

• Fair Salary and Conditions

Employers are required to pay the sponsored employee at least the same salary as an Australian employee in the same role (or at least the market salary rate) and provide working conditions that are no less favourable than those of Australian employees.

• Notification of Changes
  Employers must notify the Department of Home Affairs (DOHA) about significant changes, including:
  • Changes to the employee’s work location.
  • Changes to the employment situation (e.g. if the employee is no longer working for the employer).
  • If the employer becomes aware that the employee is in breach of their visa conditions.

• Record Keeping

Employers must maintain accurate records of the employment of the sponsored worker, including details of their pay and employment conditions.

• Assistance with Departure

Employers may be required to assist with the departure of the sponsored employee if they are no longer employed. This may involve providing financial assistance for travel costs if specified in the visa conditions.

• Obligation to Pay Fees

Employers must not charge the employee for visa application fees or for any other costs related to the sponsorship or employment.

Consequences of Non-Compliance

Failure to meet these sponsorship obligations can lead to severe consequences for employers, including:

• Cancellation of sponsorship approval.
• Bans from sponsoring further workers.
• Penalties or fines imposed by the DOHA.

Detailed Sponsorship Obligations from DOHA

• A must read on Employing Overseas Workers.
• You can find Sponsorship Obligations for Standard Business.
• Sponsor to notify Change in Situation.
• You can check Sponsorship Obligations for Temporary Activity Sponsor.
• Your guide to Employer Responsibilities.
• You need to strictly look at Paying ​an Employer or Sponsor Infringement Notice.
• You can read about Sponsor Sanctions.
• You can read brief Sponsorship Obligations.
• A must read about Register of Sanctioned Sponsors.