Standard Business Sponsorship Bar or Cancellation Details From Migration Agent In Sydney

In 2009 The sponsorship compliance framework was introduced. you must understand your obligations to prevent having your sponsorship cancelled or barred as a standard business sponsor and by approved sponsors establish the obligations required to be met and in the event of a breach or non-compliance that may be imposed the range of penalties. To protect sponsored workers from exploitation the framework was designed and ensure that working conditions with Australian standards are consistent. The framework further ensures that visa programs are used according to standardised obligations and to their intended purpose and requirements for all sponsoring entities. Resulting in the issuance of a Notice of Intention to Take Action (“NOITTA”) is the consequence of failing to comply with the framework and may follow with a cancellation or barring of the sponsorship.

There are a number of circumstances by the Department which may result in the imposition of a sanction or penalty  including the following:

• Providing false or misleading information
• Contravention of the law.  
• Failure to satisfy sponsorship obligations and
• The sponsor no longer meets the approval criteria for a standard business sponsorship; 

Provision of false and misleading information :

If the information provided is false or misleading, Regardless of whether the sponsor provides the information knowingly or not, the DoHA may decide to cancel the sponsorship.   

DoHA will consider information provided during:  

• Current monitoring events
• Recent or previous sponsorship applications
• Visa applications
• Previous monitoring events
• Nomination applications

Therefore,to ensure consistency in all the applications is essential.

Failure to satisfy sponsorship obligation :

Numerous obligations have to be met by a standard business sponsor. Some of the responsibilities of a sponsor include:

• Keep records
• Notify DoHA of changes to the sponsor’s directors or registered address 
• Ensure that the visa applicant works in activities in relation to which the visa was granted. 
• Ensure that equivalent terms and conditions of employment are offered to an Australian citizen or Australian permanent resident and they are no less favourable than the terms and conditions to perform work in an equivalent position in the sponsor’s workplace at the same location the sponsor provides, or would provide.  
• Upon request provide to delegates information and records
• In the nominated occupation ensure that the visa applicant works 
• Notify DoHA within 28 days of the change of any changes to position title, tasks, or duties 

Failure to comply with the obligations may lead to severe sanctions.

Sponsor no longer meets approval criteria :

DoHA has the authority to cancel the sponsorship, If a sponsor no longer satisfies the criteria required for approval. For example,If a sponsor ceases to operate, the sponsorship can be cancelled, the lawful operation of a business is a criterion to become an approved sponsor.

Contravention of Law :

If the sponsor has been found by a court to have breached a Commonwealth, State or Territory law,  DoHA may consider barring or cancellation. DoHA will take into account the nature of the law that the sponsor has contravened, the past and present conduct of the person, the gravity of the unlawful activity, and any other relevant factors.

Possible Enforcement Actions:

The DoHA can take the action if  the sponsorship obligation has been breached:

• Cancelling the business sponsorship
• Issuing informal or formal warnings.
• Barring sponsor from sponsoring other workers
• Commencing civil litigation
• (up to $1332 for individuals and $6660 for bodies corporate per obligation breach for a first notice. Up to $2,664 for individuals and $13,320 for bodies corporate per obligation breach for subsequent notices.) - Issuing infringement notice.

Subclass 482 or Subclass 457 visa holders cannot be sponsored for permanent residency, When a sponsorship is cancelled. if the sponsorship is cancelled Visa applicants can also have their visa cancelled.  more than one of the above penalties may be imposed by DoHA. 

Common Breaches :

some of the most common breaches in our experience are :

• Failing to notify DoHA of a change to the company’s registered address
• Failure to notify DoHA of cessation of employment of a sponsored employee  
• Failing to notify DoHA of a change to the nominated position title, tasks, or duties of a sponsored employee 
• Failing to notify DoHA of a change to the company’s Directors 

you have the obligation to notify DoHA within 28 days of change, As a sponsor.

Waiver of a bar :

The Department may consider waiving a bar.

• If the bar were not waived whether the interests of Australia would be significantly affected
• If the bar were not waived whether there would be a significant detriment to the Australian community
• At the time the decision to place the bar was made whether significant new evidence or information has come to light which was not available
• If the bar were not waived whether a substantial trade opportunity would be lost
• Australia’s relations with the government of another country whether the person’s inability to sponsor a proposed primary sponsored person would significantly damage ;

If you are subject to a NOITTA, IME Advisor - Migration Agency in Sydney can assist you in preparing a response or defence.