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Sanctions For Sponsoring Employers Who Breach Sponsor Obligations

Australian employers that were approved as Standard Business Sponsors must obey their sponsorship obligations at all times. Failure to do so can result in penalties, such as sanctions.

Sponsor monitoring occurs when:

  • The Department conducts visits or inspections on the approved sponsor’s business with or without notice; and
  • Information has been provided to the Department by a third party

Some of the most common breached sponsors obligations owed to foreign workers:

  • Reducing the salary
  • Reducing the working hours
  • Permanent stand down
  • Termination of employment
Breached sponsors

Sanctions to Sponsors

A sponsor who fails their obligations will most likely face some sanctions. The Department may take the following actions:

Enforceable undertaking

Enforceable undertakings require you to promise, in writing, to undertake to complete certain actions to show that the failures have been rectified and won’t happen again.

Administrative

  • Bar you from sponsoring additional visa holders for a specified time
  • Not approve your application for sponsorship for this or any other visa
  • Cancel all of your existing sponsorship approvals
  • Issue an infringement notice of up to $ 2,664 for individuals and $13,320 for bodies corporate per obligation breach
  • apply to a court for a civil penalty order of up to $66,000 for a corporation and $13,320 for an individual for each failure
orphan relative visa

The Department also publishes information identifying sponsors who failed their sponsorship obligations in the register of sanctioned sponsors who have breached their sponsorship obligations since 18 March 2015.

In cases where a business decides to appeal a sanction and it is subsequently varied or waived, public records will either be updated or removed respectively.

orphan relative visa

How We Can Help

Sometimes a business owner can make decisions in the ordinary course of business or consider doing so without adequately considering the obligations it has with respect to its position as a standard business sponsor. If you think this may have occurred or is likely to occur, it is important to seek expert advice to ensure that the obligations are adhered to at all times, and action is taken to rectify breaches as a priority. If you think that you or your employer may have breached any sponsorship obligations, please contact All Access Migration to avoid or minimize sanctions for your business, or any related effects to your visa.

Enquire about Sanctions For Sponsoring Employers Who Breach Sponsor Obligations

Brisbane Office

1300 245 756

Suite 12A,
15 Adelaide Street
Brisbane, QLD, 4000
Australia

Gold Coast Office

1300 245 756

Levels 5 & 9, Corporate Centre One,
2 Corporate Court,
Bundall, QLD, 4217
Australia

Sydney Office

1300 245 756

Level 3,
1 Castlereagh Street,
Sydney, NSW, 2000
Australia

City of Melbourne

Melbourne Office

1300 245 756

Level 7,
533 Little Lonsdale Street,
Melbourne, VIC, 3000
Australia

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