As per Australian migration system, skilled workers are permitted to come and work in Australia for a maximum period of 4 years by applying for subclass 457 visa. One of the most important criteria for the 457 visa is that you need to be sponsored by your employer.
Australian law mandates that an employer can sponsor a candidate for 457 Visa only when their sponsorship application is approved by the Department of Immigration(DIAC) for 457 visas. Once they are approved as Standard Business Sponsors, then they are automatically obligated to fulfill certain duties and responsibilities. It is advisable that all such employers are aware of their obligations.
Checklist of Obligations
The current norms dictate that the employers abide by the following terms and conditions:
- Cooperate with DIAC whenever required
- Commonwealth locates all those people who are living in the country unlawfully. The sponsor has to pay all the costs involved in this process if his sponsored candidate is found guilty
- Provide information as and when required by the Minister
- He / she should not hold back any information that might be useful for the Government if any untoward incident occurs.
- Maintain all records pertaining to the 457 visa program for the sponsored candidate like training certificate, salary slip etc.
- Ensure that the sponsored visa holder works in the nominated occupation only
- He/She should not attempt to recover certain costs from the sponsored person
- Pay all travel costs for the sponsored visa holder when the employment term ends
- Arrange for proper training to be given to employees who are Australian citizens and permanent residents
Monitoring by DIAC
Depending on the situation, the DIAC can choose to do it in either of the two ways –
- A routine paperwork exercise
- Visit the workplace randomly to conduct interviews and investigations
The DIAC has been bestowed with the power to ensure that the 457 visa holders are being paid as per the agreed upon terms and conditions. what had been stated during the visa application process. In so doing, they can ask the employers to produce salary slips and PAYG summaries. The salary being credited on the salary slip should match the amount stated in the initial application.
The terms and conditions of the obligations are subject to change and it depends on the discretion of the DIAC. Hence, employers who have sponsored candidates for 457 visa should be aware of the changes, if any. Otherwise, they might have a run in with the law. The employer should always be cautious and on the alert since the process of investigation adds on the hassle and may prove to be an expensive one too.
If the obligations are not fulfilled on the employer’s part, then the DIAC are entitled to take the following steps:
- Caution the employer about the breach of obligation
- Sanction the employer
- Cancel the sponsorship agreement
- Levy a fine – a maximum allowable fine is that of AUD 51,000
If you are looking for a migration agent in Melbourne to help you out with the 457 visa process, then go no further than us. We have over five years of experience in handling the visa applications for the subclass 457 program. Apart from handling all the paperwork associated with the application, we also assist our clients in terms of apprising them about their obligations and any change in the policies of DIAC. We ensure a hassle free sponsorship experience for the employers.