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