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Ongoing Compliance

Sponsor Obligations: Stay on the Right Side of the Line.

Sponsoring a worker isn't a one-off form. It's an ongoing commitment with real legal duties. Get them right and it's smooth sailing. Get them wrong and you risk penalties, sanctions, even losing your ability to sponsor. We make sure you know exactly where you stand.

Penalties for getting it wrongOngoing legal dutiesWe keep you covered
Why Obligations Matter So Much

They don't end when the visa is granted.

When you become a sponsor, you take on a set of ongoing obligations to the worker and to the Department. The Department actively monitors sponsors, and the businesses that get caught out are usually the ones who treated sponsorship as a single transaction rather than a continuing responsibility.

The good news is that none of this is mysterious. Once you know what your duties are, meeting them is mostly a matter of good record-keeping and doing what you said you'd do. The trouble comes from not knowing - and that's the gap we close for you.

The cost of getting it wrong is real. Breaching your obligations can lead to formal sanctions, financial penalties, being barred from sponsoring, and having your business named publicly. It can also undo the very hire you worked to secure. A little care upfront saves a lot of pain later.

What You're Generally Responsible For

The common duties most sponsors carry.

The specific obligations depend on your sponsorship and the visas involved, but they commonly include duties like these.

  • Paying your sponsored worker the salary and conditions you committed to at nomination
  • Making sure the worker only works in the nominated occupation - not moving them to a different role
  • Keeping proper records and providing them to the Department if asked
  • Not passing on certain sponsorship costs to the worker - this is a common breach employers don't realise they're making
  • Telling the Department about key changes - like the worker leaving your business, or a significant change to their role
  • Cooperating with any monitoring visit or inspection by the Department
At a Glance

Your obligations, how long they run, and the risk.

This is a plain-language summary of the duties that catch sponsors out most often. It's a guide to the shape of your responsibilities, not a substitute for advice on your own sponsorship, which can carry duties specific to your circumstances.

Obligation How long it runs If you get it wrong
Pay the agreed salary and conditions
Honour what you committed to at nomination, including the relevant market salary rate.
For the whole time the worker holds the sponsored visa with you. A common trigger for sanctions and a frequent focus of monitoring.
Keep the worker in the nominated role
The worker should perform the occupation you nominated, not a different job.
For the life of the nomination and visa. Role drift can breach the nomination and put the visa at risk.
Keep and produce records
Retain the documents that show you met your obligations and provide them if the Department asks.
Records are generally expected to be kept for a number of years - typically around four or more years after the employment ends, depending on the rule. Gaps in records make a routine check far harder to satisfy.
Don't recover certain costs from the worker
Some sponsorship costs, including the training levy and some government charges, can't be passed to the worker.
Applies from the moment those costs arise. A breach in its own right, and one employers often make unknowingly.
Notify key changes
Tell the Department about events such as the worker leaving, or a significant change to their role or your business.
Notification duties are usually time-limited - often within a set number of days of the event. Late or missed notifications are an easy, avoidable breach.

Treat the table as a starting point, not the full picture. The exact obligations, timeframes and record-keeping periods depend on your sponsorship type and the visas involved, and the rules change over time. We'll confirm what applies to you in writing. Sponsorship obligations and compliance sit alongside your wider duties as an approved sponsor.

The Skilling Australians Fund Levy

A cost a lot of sponsors forget to plan for.

Most sponsorships also involve a levy that contributes to training Australians, paid by the business. The amount depends on the visa and the size of your business, and it's set by the government and reviewed over time. We'll make sure you understand what applies to you before you commit, so there are no surprises in the costs.

How We Help

Sponsor with confidence, not crossed fingers.

We make your obligations clear in plain language before you sponsor, so you go in with your eyes open. For businesses already sponsoring, we can review where you stand and flag anything that needs attention before it becomes a problem.

And if the Department raises a concern or you're facing a compliance issue, we help you respond properly. The aim is simple - to let you sponsor with confidence instead of hoping no one looks too closely.

Your obligations also tie back to the visa you're sponsoring under. The duties that attach to 482 employer sponsorship differ in detail from the permanent Subclass 186 (Employer Nomination Scheme) visa pathway and its ongoing requirements, so it pays to know which set applies before you commit.

Already sponsoring and not sure you're across everything? A compliance review now is far less painful than dealing with a breach later.

Common Questions

Sponsor obligations questions.

The penalties are real - they include formal warnings, infringement notices, bars from sponsoring for a period, and in serious cases civil penalties. If you think you may have breached an obligation or are at risk of doing so, the right move is to get advice before it becomes a formal investigation. Early action usually leads to better outcomes.
Through audits, tip-offs, visa monitoring, and proactive compliance visits. The Department is more active in this space than many sponsors realise, and it can act on information from workers, industry bodies, or even anonymous reports. The strongest protection is doing things correctly from the start, not hoping no-one notices.
Certain costs - including some government charges and the training levy - can't be recovered from the worker. Trying to do so is itself a breach. The rules about which costs sit with you are specific. We'll make sure you know exactly what you can and can't pass on, so you don't trip over this common mistake.
Get advice quickly. In some situations, voluntary disclosure to the Department before they discover the issue can result in significantly better outcomes than being found out. We'll look at what happened, assess the exposure honestly, and work out the right way forward for your business and your sponsored workers.
It's usually earlier than employers expect. A number of obligations generally start when your sponsorship is approved, not when the visa is granted or when the worker turns up for their first day. Others activate only once the worker actually begins employment with you. Because the trigger points differ from duty to duty, it's worth mapping them out for your situation so nothing is missed in the gap between approval and the worker starting. We can walk you through which of your obligations are already live.
Broadly, you should keep the documents that show you've met your obligations - things like employment contracts, payroll and pay records, evidence of the salary and conditions you committed to, and records of any notifications you've sent the Department. The Department can ask to see these as part of an audit, so they need to be retrievable. Records are generally expected to be retained for a number of years, typically around four or more years after the employment ends, though the exact period depends on the specific rule. We'll confirm what applies to your sponsorship in writing rather than leave you guessing.
Not always freely. A change of role, a move to a different location, or a restructure can affect the nomination the worker's visa rests on, and in some cases may breach your obligations or require fresh approval before it happens. It depends on what's changing and how far it departs from what was nominated. The safest approach is to check before you make the change, not after. We can tell you whether a planned move is fine as is, needs a notification, or needs a new nomination, so a routine business decision doesn't quietly put a visa at risk.
Selling the business doesn't automatically switch off your obligations, and it has real consequences for the sponsored worker. Depending on how the sale is structured, the new owner may need to take steps to take on the sponsorship, the change will usually need to be notified to the Department, and the worker's position may need to be addressed as part of the deal. This is easy to overlook in the middle of a sale and expensive to fix afterwards. Bring us in early and we'll make sure the sponsorship side is handled properly so the worker, and you, aren't left exposed. You can read more under sponsorship obligations and compliance.

Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)

Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.

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