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Subclass 457 sponsorship obligations

As an approved standard business sponsor for subclass 457 Temporary Work (Skilled) visa applicants, each employer must comply with various sponsorship obligations. Their obligations generally remain as long as there is a 457 visa holder in their employment and in some cases throughout the businesses’ approval validity period.

The sponsorship obligations framework is implemented to ensure that the sponsored visa holders are not exploited and working conditions meet the standards that would apply to Australians performing the same work at the same location.

We note that the Department of Immigration and Border Protection intends to commence collection of Tax File Numbers for 457 visa holders (as well as other employer sponsored migrants) before 31st December 2017. The data will be matched with the Australian Tax Office’s records to determine whether a visa holder is being paid less than their nominated salary as notified to the Department as part of the nomination application. This is in response to findings that various approved sponsor businesses have been underpaying their workers and in some cases demanding repayment of their salaries.

The Department will also start to publish details of sponsors which have been sanctioned for non-compliance.

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