Employer Sponsor Obligations After the Visa Is Granted: A Compliance Checklist

Key Takeaways

• Employer sponsor obligations start when your sponsorship is approved, not when the visa is granted, and some continue after the sponsorship ends.
• You must keep records, tell Home Affairs in writing about specified events, usually within 28 calendar days, and keep your employee in the nominated occupation.
• Sponsored workers need earnings and conditions no less favourable than an equivalent Australian worker, and you cannot recover sponsorship costs from them.
• Home Affairs monitors compliance while you are a sponsor and for up to five years afterwards, including through site visits with or without notice.

Employer Sponsor Obligations: What You Must Do After the Visa Is Granted

Employer sponsor obligations do not end when your employee’s visa is granted. As an approved sponsor you must keep meeting duties around record-keeping, notifications, pay and conditions, and cooperation with inspectors for as long as the sponsorship and its related obligations run.

Home Affairs sets out these duties for standard business sponsors and accredited sponsors, and some of them apply beyond the term of your approval. To retain or renew your standard business sponsorship, you must continue to meet them.

This article is a practical checklist you can use yourself or share with your HR and payroll team. For the full detail, see the Home Affairs sponsorship obligations page.

1. Keep Accurate Records

You must keep records that show you are meeting your sponsorship obligations. Home Affairs expects them to be kept in a reproducible format, and some must be capable of verification by an independent person.

Alongside your normal employment records, such as contracts and payroll, keep records of:

• Any written request for payment of travel costs for the employee or their family, and how, when and to whom you paid them.
• Any event you needed to report, including the date and method of notification.
• The tasks the employee performed in the nominated occupation and where they performed them.
• Earnings paid to the employee and any money applied on their behalf, unless they earn AUD250,000 or more.
• Non-monetary benefits provided, including their agreed value and timing, unless they earn AUD250,000 or more.
• The terms and conditions of any equivalent worker in your workplace.
• Records showing you did not discriminate on citizenship or visa status when recruiting.

Give one person or team clear ownership of these records so they stay accurate and easy to find. Do not wait for an audit to start collecting them.

2. Notify Home Affairs in Writing When Required

You must tell Home Affairs, in writing, when certain events occur. You can do this through the Notification of sponsor changes form in ImmiAccount, or by email to the address listed on the Home Affairs obligations page.

Examples of events you must report within 28 calendar days include:

• The sponsored employee’s employment ends or is expected to end.
• There is a change to the work duties the employee carries out.
• You have paid the return travel costs of a visa holder or their family members.
• Your business becomes insolvent or ceases to exist as a legal entity.
• A new director is appointed, if your business is a company.

You must also tell Home Affairs about changes to details such as your legal name, trading name, business structure, owners and business address, and if the person you sponsor did not commence working with you. This notification obligation runs until two years after your sponsorship ends and you no longer employ a sponsored visa holder.

Do not assume the employee or their migration agent will handle notifications for you. The duty sits with the sponsor. For help building a notification process, see our migration services.

3. Provide Equivalent Terms and Conditions

Sponsored workers must receive pay and conditions that are no less favourable than those of an equivalent Australian worker. This is often called the “no undercutting” rule.

For a standard business sponsor, the employee’s annual earnings must be at least what was stated on the nomination when it was approved, and their employment conditions must not be less favourable than those of an equivalent Australian worker. This obligation applies only where the employee’s annual earnings are less than AUD250,000.

Meeting a minimum immigration salary does not give you licence to undercut other workplace conditions. Review the arrangements whenever roles, pay or conditions change, for both visa holders and Australian staff.

4. Keep the Employee in the Nominated Occupation

You must make sure your sponsored employee works only in the occupation you nominated. If you want them to move to a different occupation, you need to lodge a new nomination. For the Skills in Demand (482) and Skilled Employer Sponsored Regional (494) visas, the employee will also need to apply for and be granted a new visa.

Check any promotion, restructure or change of duties against the nominated occupation before it happens. Our 482 visa page explains how the nomination ties a worker to a role.

5. Do Not Recover Sponsorship Costs From the Worker

The costs of sponsorship, nomination and the Skilling Australians Fund levy belong to the employer, along with migration agent fees for those steps. You cannot pass them on to the worker directly, through a pay deduction, or through a repayment arrangement.

This continues to apply if the worker leaves early. Take advice before you write any cost reimbursement or repayment clause into an employment contract.

6. Stay Audit Ready

Home Affairs monitors your compliance while you are a sponsor and for up to five years after your sponsorship ends. It may write to you for information, visit your business premises with or without notice, and share information with agencies such as the Fair Work Ombudsman and the Australian Taxation Office. Failing to cooperate with inspectors is itself a breach of your obligations.

You should be able to show that:

• Your sponsored workers genuinely perform the role you nominated.
• Pay and conditions meet your obligations.
• Your records are complete and accurate.
• You have reported the events you were required to report.

Organise records by category, such as HR, payroll and immigration, rather than relying on individual staff inboxes.

7. Act Promptly If the Sponsored Employee Leaves

If a sponsored employee resigns, is dismissed or otherwise stops working for you, a short list of tasks follows straight away:

1. Record the circumstances and the employment end date.
2. Notify Home Affairs in writing within 28 calendar days.
3. Keep a record of any request for return travel costs and of any payment you make.
4. Make sure final pay and entitlements are handled accurately.
5. Seek advice if the situation is unclear.

Do not try to recover sponsorship costs from a departing worker, even if they leave earlier than expected.

Review Your Compliance Regularly

• Are your records up to date and easy to produce?
• Do pay and conditions still match your obligations?
• Has anything happened that you need to report?
• Is each sponsored employee still working in the nominated occupation?
• Do your HR and payroll teams understand their sponsorship duties?

Compliance is an ongoing process rather than a one-off task before an audit. Professional advice can help you manage obligations as your workforce changes.

Frequently Asked Questions

How long do I have to notify Home Affairs when a sponsored employee leaves?

You must tell Home Affairs in writing within 28 calendar days if the visa holder’s employment ends or is expected to end. If the end date changes, you must tell them that too. You can notify through the form in ImmiAccount or by email to the address on the Home Affairs obligations page.

How long does Home Affairs monitor sponsors?

Home Affairs monitors your compliance while you are a sponsor and for up to five years after your sponsorship ends. Monitoring can include requests for information and site visits, with or without notice. It can also involve information exchange with other agencies, such as the Fair Work Ombudsman and the Australian Taxation Office.

Do accredited sponsors have the same obligations as standard business sponsors?

Yes. Home Affairs publishes one set of obligations for standard business sponsors and accredited sponsors. Accreditation brings priority processing, not lighter compliance duties. Accredited sponsors must keep records, notify changes, provide equivalent terms and conditions, and meet the other obligations in the same way as any standard business sponsor.

Talk to MYAC About Sponsor Compliance

If you want a second pair of eyes on your sponsorship obligations, book a consultation with our team.

Reviewed by a MYAC Migration Agent. This article is general information only and is not migration advice. Speak to a Registered Migration Agent about your circumstances.