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.