Ongoing Sponsor Compliance Support

Why Sponsor Compliance Matters

Becoming an approved sponsor is only the beginning. Australian employers who sponsor overseas workers have ongoing legal obligations under the Migration Act 1958 and the Migration Regulations. Failure to meet these obligations can result in sanctions including fines, barring from future sponsorship, and even civil penalties.

The Department of Home Affairs actively monitors sponsor compliance and conducts audits. Many employers are unaware of the full scope of their obligations until they receive an audit notice. Proactive compliance management protects your business and your sponsored workers.

Your Sponsorship Obligations

As an approved sponsor, you are required to meet several categories of obligations throughout the sponsorship period and beyond.

Notification Obligations

Sponsors must notify the Department of Home Affairs of certain events within specified timeframes. Key notification requirements include:

• Changes to the sponsored worker's employment (role, salary, hours) — within 28 days
• The sponsored worker ceasing employment — within 28 days
• Changes to the business (address, ownership, structure) — within 28 days
• The business ceasing to operate or becoming insolvent — within 28 days
• Any change that affects the sponsor's ability to meet obligations

Record-Keeping Obligations

Sponsors must maintain records relating to their sponsored workers and make these available to the Department upon request. Required records include:

• Employment contracts and any variations
• Payslips and salary payment records
• Evidence that terms and conditions of employment are being met
• Records of the worker's location and contact details
• Training records demonstrating commitment to training Australians

Employment Obligations

The sponsor must ensure that the sponsored worker is employed in accordance with the terms of the nomination. This means:

• Paying at least the salary specified in the nomination
• Employing the worker in the nominated occupation and duties
• Providing equivalent terms and conditions to Australian workers in comparable roles
• Not recovering sponsorship costs from the worker (SAF levy, nomination fees, migration agent fees)

Cooperation Obligations

Sponsors must cooperate with the Department in relation to any compliance monitoring activities. This includes responding to audit requests, providing documents within required timeframes, and allowing inspectors access to the workplace if requested.

Department Audits

The Department of Home Affairs conducts compliance monitoring through desk audits, site visits, and targeted investigations. An audit may be triggered by:

• Random selection from the sponsor register
• A complaint from a sponsored worker or third party
• Data matching with the ATO, Fair Work Ombudsman, or other agencies
• Previous compliance concerns or adverse findings

During an audit, the Department may request copies of employment contracts, payslips, tax records, and other documentation. They may also interview sponsored workers. Having well-organised records makes the audit process significantly smoother.

How We Help

Our compliance support service helps you stay on top of your obligations so you are never caught off guard by a Department audit or investigation.

Compliance Health Check

We review your current record-keeping practices, employment arrangements, and notification history to identify any gaps or risks. We provide a clear action plan to address any issues before they become problems.

Ongoing Advisory

We provide guidance when changes occur in your business or with your sponsored workers, ensuring you meet notification requirements within the required timeframes.

Audit Response Support

If you receive an audit notice from the Department, we help you prepare the response, compile the required documents, and draft submissions to address any concerns raised by the compliance officer.