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All employers who utilise the TSS Subclass 482 visa program and sponsor expatriate employees are required to comply with several obligations. Failure to comply with these obligations can have severe brand and financial implications for your company.
• An administrative warning;
• Revocation of Accredited Sponsorship status for the Subclass 482 visa program;
• A fine of between AUD$13,320 to AUD$66,000;
• Revocation of Sponsorship status for the Subclass 482 visa program; or
• Bar on the company being able to sponsor any future expatriate employees for between one to three years.
The sanctions issued to a company will depend on its history of compliance with Australia’s immigration legislation and the severity of the identified breach.
It is therefore vital that all relevant staff at a company are aware of the company’s sponsorship obligations and when to take appropriate action during a TSS visa holder’s employment with the company.
This article provides a guide to the leading reporting and notification obligations for a company through all stages of a TSS Subclass 482 visa holders’ employment.
During Recruitment
Check the incoming employee’s Australian citizenship or residence status. If they hold a visa, check work rights on Visa Entitlement Verification Online (VEVO) and note any restrictions to employment. Make sure a VEVO check result is recorded and kept on the employee’s file.
We recommend obtaining consent from the visa holder to allow you to check their visa status at regular intervals during their subsequent employment with your company.
We would also recommend including a clause in the employment agreements for visa holders, to instruct these individuals to notify the company of any change to their visa status.
While Working/ On Assignment
While a TSS Subclass 482 visa holder is working, action may be required if there are changes to any of the following:
Salary:
If the visa holder’s salary decreases (e.g. as a result of a change of hours worked), then this may need to be reported, or a new TSS Subclass 482 nomination lodged.
Pay of equivalent Australian employee:
In addition to the requirement, the Subclass 482 visa holder will receive the market rate for their position at the time of application, the sponsor is also required to ensure that they are paid the same as an equivalent Australian employee, on an ongoing basis.
Position or duties change:
If there is a change to the expatriate employee’s position title or the duties and responsibilities, then the Department should be notified. If the changes are significant, a new nomination application may be required.
Where it is appropriate to advise the Department of Home Affairs, the notification must be sent within 28 days of the event occurring.
If there are changes to a TSS Subclass 482 visa holder’s position, responsibilities or employment terms to those declared in their latest nomination application, we would recommend first discussing this with your migration service provider. Please contact our team here if you have any questions or would like to discuss.
Alternatively, call our office on +61 3 9573 5200
Cessation of Employment:
A company must notify the Department within 28 days of a TSS Subclass 482 visa holder’s final date of employment in Australia.
If a TSS Subclass 482 visa holder (or the Department on their behalf), requests that a sponsor pays return travel costs then the company has 30 days to pay for one-way, economy airfares to the individual’s home country or agreed upon alternative country. The Department will also need to be notified and provided with evidence that these costs have been paid.
If the Visa holder however, chooses to remain in Australia and is nominated by another employer, the obligation to pay return flights to the Visa holder’s home country ceases.
Ongoing
A company must keep records of its compliance with its sponsorship obligations and all relevant documents for five years. All records must be reproducible, and some must be capable of verification by an independent person.
If there is a change to the company’s structure, address or contact details, or if a new director is appointed, these changes also need to be reported to the Department within 28 days.
Other obligations
The above is a summary of the main reporting obligations for TSS Subclass 482 visa sponsors. There are several other obligations which apply for this program including the obligations not to recover certain costs, to cooperate with inspectors, and to cover Commonwealth costs.
