Employer Compliance Checklist for Sponsoring Workers

Ensure Your Business Meets All Employer Obligations for Employer-Sponsored Visas

What is Employer Compliance?

Employer compliance refers to the legal obligations and responsibilities that businesses must meet when sponsoring a foreign worker under employer-sponsored visa programs like Skill in Demand Visa (Subclass 482) and Employer Nomination Scheme (Subclass 186). Non-compliance can lead to serious consequences, including visa refusals, fines, or sanctions against your business.

This checklist will guide you through the key compliance requirements you need to meet to sponsor workers legally and successfully.

Employer Compliance Checklist: Key Obligations

The document checklist varies by the type of Parent Visa you are applying for. Below is a general overview of the documents needed for all Parent Visa types, along with subclass-specific details and links to their full document checklists and FAQ pages.

Sponsorship Obligations

Register as a Standard Business Sponsor (SBS): Ensure your business is registered with the Department of Home Affairs (DHA) as a Standard Business Sponsor.
Sponsorship Application: Submit the correct application forms and documentation to demonstrate that your business meets the DHA’s requirements.
Maintain Sponsorship: Ensure your sponsorship remains valid throughout the employment period of your workers.

Nomination Obligations

Nominate the Position: Nominate a specific position for the foreign worker that aligns with the worker’s skills and the business’s needs.
Ensure Fair Employment Conditions: The position should meet Australian workplace laws, including wage rates, working conditions, and other employment standards.
Document the Role: Maintain accurate records of the job description, salary details, and any other employment terms.

Labour Market Testing (LMT)

Conduct LMT (if required): For certain visa subclasses (e.g., Subclass 482, Subclass 186), employers must demonstrate that they’ve made efforts to hire Australian workers before recruiting overseas employees.
Retain Evidence: Keep records of all LMT activities, including advertisements, recruitment efforts, and rejections.

Pay the SAF Levy

Understand the SAF Levy Requirement: Employers must pay the Skilling Australians Fund (SAF) levy to sponsor workers under Subclass 482 and Subclass 186.
Pay on Time: Ensure that the SAF Levy is paid during the nomination process.

Work Rights and Conditions

Comply with Visa Conditions: Ensure the foreign worker adheres to all visa conditions, such as working only in the nominated occupation and staying within the designated location.
Monitor Work Rights: Keep track of the worker’s visa status and any changes to their work rights or conditions.

Reporting Obligations

Report Changes: Notify DHA of any changes to the worker’s employment, such as a change in salary, role, or employment status.
Comply with Audit Requirements: Be prepared for audits from DHA. Keep records of your workers’ employment and ensure all documents are up to date and accurate.

Workplace Rights and Fair Treatment

Ensure Fair Treatment: Provide a workplace free from discrimination and ensure that foreign workers receive the same rights and protections as Australian employees.
Adhere to Australian Workplace Laws: Comply with minimum wage laws, occupational health and safety requirements, and other relevant employment legislation.

Additional Employer Compliance Tips

Keep Accurate Records: Maintain records for all sponsorship-related documents, including the sponsorship application, nomination form, contract, and any correspondence with DHA.

Review Employment Contracts: Ensure that contracts reflect the correct wages, working conditions, and the worker’s rights under Australian law.

Consult a Migration Agent: If you’re unsure about your obligations, consider consulting a registered migration agent to ensure compliance.

Employer Compliance Penalties for Non-Compliance

Non-compliance with employer sponsorship obligations can result in:

Visa Refusals: Failure to meet compliance requirements can lead to the refusal of visa applications.

Fines and Sanctions: Employers found in breach of obligations may face financial penalties or be prohibited from sponsoring foreign workers.

Loss of Sponsorship Status: Businesses may lose their eligibility to sponsor workers in the future if they fail to comply with DHA regulations.

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Disclaimer
The information on this page is for general guidance only and does not guarantee visa approval. All visa applications are subject to the discretion of the Australian Department of Home Affairs. For personalized guidance, please contact a registered migration agent at Visa Advisor.