As a standard business sponsor, you must understand your obligations to prevent having your sponsorship cancelled or barred. In 2009, the sponsorship compliance framework was introduced. The purpose of the framework is to ensure that the working conditions of the visa applicants meet Australian standards, and the visa programs are not exploited. A sponsor who does not meet their sponsorship obligations may be issued a notice (NOITTA) and subsequently be barred or have their sponsorship cancelled. Department of Home Affairs (DoHA) may impose sanctions and penalties in the following circumstances: A standard business sponsor has to meet numerous obligations. Some of the responsibilities of a sponsor include: Failure to comply with the obligations may lead to severe sanctions. Regardless of whether the sponsor provides the information knowingly or not, if the information provided is false or misleading, the DoHA may decide to cancel the sponsorship. DoHA will consider information provided during: Therefore, it is essential to ensure consistency in all the applications. If a sponsor no longer satisfies the criteria required for approval, DoHA has the authority to cancel the sponsorship. For example, the lawful operation of a business is a criterion to become an approved sponsor. If a sponsor cease to operate, the sponsorship can be cancelled. DoHA may consider barring or cancellation if the sponsor has been found by a court to have breached a Commonwealth, State or Territory law. DoHA will take into account the past and present conduct of the person, the nature of the law that the sponsored has contravened, the gravity of the unlawful activity, and any other relevant factors. In our experience, some of the most common breaches are: As a sponsor, you have the obligation to notify DoHA within 28 days of change. If the sponsorship obligation has been breached, the DoHA can take the following actions: When a sponsorship is cancelled, the Subclass 457 or Subclass 482 visa holders cannot be sponsored for permanent residency. Visa applicants can also have their visa cancelled if the sponsorship is cancelled. DoHA may impose more than one of the above penalties. If an audit is conducted by the Department and their monitoring officers believe a breach has occurred, then they may issue what is called a Notice of Intention to Take Action (NOITTA) to consider barring or cancelling a sponsor. The NOITTA will: The sponsor will be given an opportunity to respond to the NOITTA after which the DOHA will make their decision The Department may consider waiving a bar. DoHA will look at: If you are subject of a NOITTA, SeekVisa can assist you in preparing a response or defence.Circumstances when DoHA may impose sanctions
Failure to satisfy sponsorship obligations
Provision of false and misleading information
Sponsor no longer meets approval criteria
Contravention of law
Common Breaches
Possible Enforcement Actions
Notice of intention to take action (NOITTA)
Waiver of a bar
Senior Immigration Consultant- MARN: 1387039
If you would like to discuss your matter or have questions on the above please book a consultation here.
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