Sponsor Monitoring

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 business’ compliance with DIBP’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.

Possible Sanctions:

Infringement Notice:

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.

Civil Penalties:

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 business’ 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, please contact us.

Click here for consultation.