Compliance - Subclass 457 Visa

Compliance obligations - Subclass 457

If your company is a subclass 457 approved sponsor, your organisation is subject to a large number of sponsorship obligations.

 

From our experience, few companies have more than a cursory awareness of these obligations and even less have put in place effective systems to minimise risk and ensure compliance.

 

Some of the more common obligations include:

  • Meeting the subclass 457 training benchmark requirements for the length of sponsorship
  • Updating the Australian Immigration Department in regards to changes in company office location, board member appointments and resignations as well as changes in the company's corporate status
  • Updating immigration in regards to cessation of employee work
  • Lodging a new 457 nomination application for employees whose roles have changed since visa approval
  • Keeping records including wage, benefits and notifications given to the Australian Immigration Department

 

Consequences of non compliance

The consequences of non-compliance with obligations will vary based on the severity of the breaches and the degree to which they are commonplace. Administrative action and penalties can include:

  • Bars on sponsoring addition employees to Australia
  • Cancellation of sponsorship and barring of future sponsorship applications
  • Enforcement undertaking to rectify non-compliance
  • An application may be made to a Court for a civil penalty order against you. Civil penalty orders are up to AUD51,000 if you are a body corporate or AUD10,200 if you are an individual for each failure  
  •  Provision of an infringement notice for each failure of up to AUD10,200 if you are a body corporate or AUD2,040 if you are an individual

 

How we can help

We can help you manage your risk in a number of ways including:

  1. Reviewing the status of your current employees in Australia for changes in work status and assisting in rectifying the situation
  2. Auditing training benchmark payment compliance and offer solutions to solve errors in payment
  3. Reviewing and auditing of record keeping systems and providing a detailed report of points of non-compliance and steps that should be taken to bring the company back into compliance
  4. Assist in the design of compliance HR and record keeping systems
  5. Negotiating settlement with the Australian Immigration Department of any issues

 

457 Compliancy & Sponsorship Obligations
457 Visa Compliance