If you have a SBS, your business may be monitored by the Department of Immigration & Border Protection (DIBP) or Fair Work Inspectors to check the businessâ€™ compliance with DIBPâ€™s sponsorship obligations.
Employers need to be aware of the Obligations imposed when they are approved as business sponsors under theMigration Act 1958.
For a full description of the Obligations, Click here for consultation.
Employers who fail to satisfy their sponsorship obligations may be sanctioned by DIBP.
How ASM Can Help:
We provide expert advice on:
- How you can comply with the obligations
- Prevention & risk management in relation to SBS obligations
- Acting on your behalf in relation to DIBP monitoring audits
- Advice & advocacy if you find you have breached the sponsorship obligations framework
- Work with you to achieve the best possible outcome with the least disruption to your business.
An Infringement Notice is an on-the-spot fine that an employer can choose to pay to avoid further legal action by DIBP.
Infringement Notices can be issued for amounts of $6,600 for a body corporate and $1,320 for an individual for each failure to satisfy a sponsorship obligation.
In some cases DIBP may apply to a Court for a civil penalty order. A Civil Penalty Order can be a fine of up to $33,000 for a corporation and $6,600 for an individual for each failure to satisfy a sponsorship obligation.
Sponsorship Bar or Cancellation:
In addition to financial penalties, DIBP can cancel a current sponsorship or bar an employer from sponsoring overseas workers for a period up to five years (or both).
If a businessâ€™ sponsorship is cancelled, any 457 workers employed by that business may have their visas cancelled.
If you find yourself inadvertently in breach of the obligations framework, pleaseÂ contact us.