Businesses who employ skilled foreign workers on a 457 or 482 Temporary Skill Shortage (482 TSS) visas must abide by a whole host of ongoing obligations. Compliance with these obligations of sponsored visas is not always straight-forward.
In our Knowledge Base article on the topic, we set out in full detail the company obligations as a business sponsor.
Business Sponsor obligations include:
- Keeping records of Australian citizens who applied for the role the sponsored employee is placed in and why the Australian citizens were not considered suitable,
- Prohibitions on passing on costs to the sponsored employee regarding the businesses’ application to sponsor them,
- Ensuring that the terms and conditions of employment provided to the sponsored employee match the information that was provided to the Department of Home Affairs when the application was made,
- Ensuring that the employee only works in the approved nominated occupation attached to their sponsored visa,
- Notifying the Department of Home Affairs in writing within 28 days if there is a change of circumstances (including whether the visa holder did not commence employment with the business; if the visa holder ceases employment with the business before the visa term expires; and if the visa holder has a change of duties not previously provided in the approved business nomination),
- Keeping appropriate records regarding the duties and earnings of the sponsored employee,
- Providing records and information on request by the Department of Home Affairs,
- Paying travel costs for sponsored employees departing Australia and returning home,
- Paying costs to locate and remove an unlawful non-citizen (ie a former employee who has overstayed their visa),
- Cooperating with Fair Work Inspectors.
Of all of the above obligations, it is Number 8 which often catches employers out (paying travel costs for employees departing Australia and returning home).
The rules, however, are clear: If a 457 or 482 TSS visa holder ceases employment with a business sponsor and requests in writing for the business to provide travel costs to depart Australia, the business sponsor must provide for these travel costs to the primary visa holder and any accompanying family members holding dependent visas within 30 days.
Reasonable travel costs include:
- Travel from the 457 or 482 visa holder’s residence to the airport;
- Economy class air travel to the 457 or 482 visa holder’s country of passport; and
- Travel costs for the accompanying family members who hold dependent 457 or 482 visas.
How Employment Innovations can help
At Employment Innovations, we provide clients with high-quality migration services, including managing business sponsorship obligations. Our qualified migration agents can help with any visa and sponsorship needs.