Work Visa Resignation – Sponsorship Obligations for Approved Business Sponsors

Understanding Obligations Related to Work Visa Resignation

Responsibility for sponsored visa workers starts from the day a Temporary Skill Shortage visa (TSS) (subclass 482) or the Skilled Employer Sponsored Regional (Provisional) (SESR) visa (subclass 494) work visa Australia is approved under the sponsorship of the employer.

Responsibility ends in accordance with the end date for employment (as stated on the visa grant letter), but it can end earlier if, for example, a worker resigns from their role.

In such circumstances,the sponsorship obligation and responsibility for the worker will end when the Department of Home Affairs is notified that the sponsoring organisation is no longer employing the individual and the visa holder has ceased employment with the business.

Timeline to Notify Regarding the Work Visa Resignation 

Sponsors have 28 working days from the date of cessation of employment to report the change to the Department of Home Affairs.

Note that this duty arises only upon the employee’s actual departure from the business – usually the end of a notice period.

Compliance with sponsorship obligations 

Failure to report a resignation for a work visa holder is a breach of sponsorship obligation.

If the Home Affairs were to conduct a compliance check and become aware of the breach, they could suspend a sponsor licence while they undertake an investigation and consider whether to revoke the sponsorship, they could revoke the sponsor licence without suspension in the most serious cases, or they could impose extremely high penalties, such as:

• issue an infringement notice of up to:

AUD1,332 for individuals and AUD6,660 for bodies corporate per obligation breach for a first notice

AUD2,664 for individuals and AUD13,320 for bodies corporate per obligation breach for subsequent notices

• apply to a court for a civil penalty order of up to AUD66,000 for a corporation and AUD13,320 for an individual for each failure.

Practical tips for seamless compliance with sponsorship obligations 

Those businesses that have been approved as standard business sponsors by the Department of Home Affairs must follow extensive reporting and record-keeping duties, in addition to ensuring that immigration laws and wider Australian laws are met.

This is to avoid any breach of the standard sponsorship obligations.

We give below some examples of best practice tips to maintain compliance with sponsorship obligations for visa populations:

• Document Management: Maintain thorough and updated records of visa holders’ details, including work hours, roles, and any changes in employment.
• Regular Audits: Conduct periodic internal audits to ensure adherence to visa conditions.
• Training and Awareness: Educate staff involved in visa sponsorships about their responsibilities and compliance requirements.
• Communication Channels: Establish clear communication channels with visa holders to address queries and changes promptly.
• Stay Updated: Regularly monitor updates in immigration laws and regulations to adapt practices accordingly.
• Seek Professional Advice: Consider consulting immigration experts to navigate complexities and ensure compliance.

As experts in Australian immigration, VISA LOUNGE AUSTRALIA can help you navigate the immigration process effectively and tailor a strategy suitable for your circumstances.

If you would like to speak to one of our immigration experts about your sponsorship duties or recruiting skilled workers under the work visa Australia program, call us now on +61 7 3040 8444 or complete our online enquiry form.