Sponsorship Obligations in Employer-Sponsored Visas Australia

Sponsoring an employee in Australia through an employer-sponsored visa comes with specific obligations.

These obligations are outlined in Australian immigration legislation and aim to ensure that sponsored employees are treated fairly and that the visa program is not exploited.

Division 2.19 of Part 2A of the Regulations outlines the sponsorship obligations that an approved work sponsor must fulfill.

Division 2.19—Sponsorship obligations

Subdivision 2.19.1—Sponsorship obligations of approved work sponsors etc.

2.77 Preliminary

For subsection 140H(1) of the Act, each of the obligations mentioned in this Subdivision is a sponsorship obligation that a person to whom the obligation applies must satisfy.

2.78 Obligation to cooperate with inspectors

(1) This regulation applies to a person who is or was an approved work sponsor.

(2) The person must cooperate with an inspector if:

(a) the inspector is appointed under section 140V of the Act; and

(b) the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act.

(3) Without limiting subregulation (2), the person is taken not to have cooperated with an inspector if:

(a) the person hinders or obstructs an inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or

(b) the person conceals, or attempts to conceal, from an inspector the location of a person, document or thing while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or

(c) the person prevents, or attempts to prevent, another person from assisting an inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or

(d) the person assaults an inspector or a person assisting the inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act; or

(e) the person intimidates or threatens, or attempts to intimidate or threaten, an inspector or a person assisting the inspector while the inspector is exercising powers under Subdivision F of Division 3A of Part 2 of the Act.

(4) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the person is approved as a work sponsor in a class under subsection 140E(1) of the Act; and

(b) ends 5 years after the day on which the person ceases or ceased to be an approved work sponsor.

(5) If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the work agreement commences; and

(b) ends 5 years after the day on which the work agreement ceases or ceased.

2.79 Obligation to ensure equivalent terms and conditions of employment—Subclass 457 (Temporary Work (Skilled)) visa and Subclass 482 (Temporary Skill Shortage) visa

(1) Subject to subregulation (1A):

(a) this regulation applies to a person who is or was a standard business sponsor of a primary sponsored person if:

(i) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(b) this regulation applies to a person who is or was a party to a work agreement (other than a Minister), and who is or was an approved work sponsor of a primary sponsored person, if:

(i) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa.

(1A) This regulation does not apply to a standard business sponsor of a primary sponsored person if:

(a) either:

(i) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(b) the annual earnings of the primary sponsored person are equal to or greater than the amount specified by the Minister in an instrument in writing for this paragraph.

(3) The person must ensure that:

(a) if:

(i) the person is mentioned in paragraph (1)(a); and

(ii) the nomination by the person of an occupation in which the primary sponsored person is identified was made before 18 March 2018;

the terms and conditions of employment provided to the primary sponsored person are:

(iii) no less favourable than the terms and conditions of employment that the Minister was satisfied, under paragraph 2.72(10)(c) (as in force before 18 March 2018), were no less favourable than the terms and conditions of employment that are provided, or would be provided, to an Australian citizen or an Australian permanent resident; and

(iv) no less favourable than the terms and conditions of employment that the person provides, or would provide, to an Australian citizen or an Australian permanent resident to perform equivalent work in the person’s workplace at the same location; or

(b) if the person is mentioned in paragraph (1)(a) and the nomination by the person of an occupation in which the primary sponsored person is identified was made on or after 18 March 2018:

(i) the primary sponsored person’s annual earnings in relation to the occupation are not less than the annual earnings the person indicated, at the time the nomination was approved, would be provided to the primary sponsored person for the occupation; and

(ii) the primary sponsored person’s earnings in relation to the occupation are not less than the earnings an Australian citizen or an Australian permanent resident earns or would earn for performing equivalent work in the same workplace at the same location; and

(iii) the employment conditions (other than in relation to earnings) that apply to the primary sponsored person are no less favourable than those that apply, or would apply, to an Australian citizen or an Australian permanent resident performing equivalent work at the same location; or

(e) if the person is mentioned in paragraph (1)(b), the terms and conditions of employment provided to the primary sponsored person are no less favourable than the terms and conditions of employment set out in the work agreement.

(4) The obligations mentioned in subregulation (3):

(a) start to apply on:

(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

(iii) if the primary sponsored person does not hold a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa on the day the Minister approves the nomination—the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

(b) end on the earlier of:

(i) the day on which the primary sponsored person is granted a further substantive visa that:

(A) is not a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(B) is in effect; and

(ii) the day on which the primary sponsored person ceases employment with the person.

2.79A Obligation to ensure equivalent terms and conditions of employment—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa

(1) This regulation applies:

(a) to a person who is or was a standard business sponsor of a primary sponsored person if:

(i) the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

(b) to a person who is or was a party to a work agreement (other than a Minister), and who is or was an approved work sponsor of a primary sponsored person, if:

(i) the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.

(2) This regulation does not apply to a standard business sponsor of a primary sponsored person if the annual earnings of the primary sponsored person are equal to or greater than the amount specified by the Minister in an instrument in writing for the purposes of paragraph 2.79(1A)(b).

(3) The person must ensure that:

(a) if the person is mentioned in paragraph (1)(a):

(b) if the person is mentioned in paragraph (1)(b), the terms and conditions of employment provided to the primary sponsored person are no less favourable than the terms and conditions of employment set out in the work agreement.

(4) The obligations mentioned in subregulation (3):

(a) start to apply on:

(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

(ii) if the primary sponsored person does not hold a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa on the day the Minister approves the nomination—the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

(b) end on the earlier of:

(i) the day on which the primary sponsored person is granted a further substantive visa that:

(A) is not a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

(B) is in effect; and

(ii) the day on which the primary sponsored person ceases employment with the person.

2.80 Obligation to pay travel costs to enable sponsored persons to leave Australia

(1) This regulation applies to a person who is or was:

(a) a temporary activities sponsor or a long stay activity sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i) the primary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) of Schedule 2; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) of Schedule 2; or

(aa) a long stay activity sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream; or

(b) a professional development sponsor of a primary sponsored person (the sponsored person), if:

(i) the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(c) a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i) the primary sponsored person holds a Subclass 416 (Special Program) visa granted on the basis that the person satisfied the criterion in paragraph 416.222(a) of Schedule 2; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 416 (Special Program) visa granted on that basis; or

(ca) a temporary activities sponsor or a special program sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(i) the primary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.228 (special program) of Schedule 2; or

(d) a party to a work agreement (other than a Minister), and who is or was an approved work sponsor of a primary sponsored person or secondary sponsored person (the sponsored person), if

(i) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; or

(e) a standard business sponsor of a primary sponsored person or a secondary sponsored person (the sponsored person), if:

(2) The person must pay the travel costs of the primary sponsored person or the secondary sponsored person:

(a) if the costs have been requested in writing by:

(i) the Minister on behalf of the primary sponsored person or the secondary sponsored person; or

(ii) the primary sponsored person; or

(iii) the primary sponsored person on behalf of the secondary sponsored person; or

(iv) the secondary sponsored person; or

(v) the secondary sponsored person on behalf of the primary sponsored person; and

(b) that have not already been paid in accordance with this regulation; and

(3) The request to pay travel costs must:

(a) specify the person or persons whose travel will be funded by the costs; and

(b) specify the country that the person, whose travel will be funded, holds a passport for and will travel to; and

(c) if the person is a multiple passport holder—specify the country that the person holds a passport for and wants to travel to; and

(d) be made while the person whose travel will be funded is the holder of the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 402 (Training and Research) visa, the Subclass 408 (Temporary Activity) visa, the Subclass 416 (Special Program) visa, the Subclass 457 (Temporary Work (Skilled)) visa, the Subclass 482 (Temporary Skill Shortage) visa or the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa.

(4) Without limiting paragraph (2)(c), a person is taken to have paid reasonable and necessary costs if:

(a) the costs include the cost of travel from the primary sponsored person’s usual place of residence in Australia to the place of departure from Australia; and

(b) the costs include the cost of travel from Australia to the country the person specifies in accordance with subregulation (3); and

(d) the costs are for economy class air travel or the equivalent of economy class air travel.

(5) The obligation mentioned in subregulation (2):

(a) starts to apply:

(i) if the primary sponsored person holds a Subclass 402 (Training and Research) visa—on the day the primary sponsored person is granted the visa; or

(ia) if the primary sponsored person or secondary sponsored person holds a Subclass 408 (Temporary Activity) visa or a Subclass 416 (Special Program) visa—on the day the primary sponsored person or secondary sponsored person is granted the visa; or

(ii) if the primary sponsored person or secondary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa:

(A) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or

(B) if the primary sponsored person does not hold the visa on the day the Minister approves the nomination—on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

(b) for a primary sponsored person—ends on the earliest of:

(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the primary sponsored person is granted a further substantive visa that is in effect and is:

(A) if the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa—a visa that is not a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; or

(B) in any other case—a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

(iii) the first day on which each of the following has occurred:

(A) the primary sponsored person has left Australia;

(B) the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 402 (Training and Research) visa, the Subclass 408 (Temporary Activity) visa, the Subclass 416 (Special Program) visa, the Subclass 457 (Temporary Work (Skilled)) visa, the Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa has ceased to be in effect;

(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

(II) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 402 (Training and Research) visa, a Subclass 408 (Temporary Activity) visa, a Subclass 416 (Special Program) visa, a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

the bridging visa has ceased to be in effect; and

(i) the day on which the Minister approves a nomination by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the secondary sponsored person is granted a further substantive visa that is in effect and is:

(A) if the last substantive visa held by the secondary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa—a visa that is not a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; or

(B) in any other case—a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

(iii) the first day on which each of the following has occurred:

(A) the secondary sponsored person has left Australia;

(B) the Subclass 401 (Temporary Work (Long Stay Activity)) visa, the Subclass 408 (Temporary Activity) visa, the Subclass 416 (Special Program) visa, the Subclass 457 (Temporary Work (Skilled)) visa, the Subclass 482 (Temporary Skill Shortage) visa or the Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa has ceased to be in effect;

(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and

(II) the last substantive visa held by the secondary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 408 (Temporary Activity) visa, a Subclass 416 (Special Program) visa, a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa;

the bridging visa has ceased to be in effect.

2.80A Obligation to pay travel costs—domestic worker (executive)

(1) This regulation applies to a person who is or was a temporary activities sponsor, or a long stay activity sponsor, of a primary sponsored person or a secondary sponsored person, if:

(a) the sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.224 (domestic worker) of Schedule 2; or

(b) the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.224 (domestic worker) of Schedule 2.

(1A) This regulation also applies to a person who is or was a long stay activity sponsor of a primary sponsored person or a secondary sponsored person if:

(a) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream; or

(b) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) stream.

(2) The person must pay the travel costs of the sponsored person:

(a) that will enable the sponsored person to travel to Australia, and leave Australia; and

(b) that have not already been paid in accordance with this regulation; and

(3) Without limiting paragraph (2)(c), a person is taken to have paid reasonable and necessary costs if:

(a) the costs include the cost of travel:

(i) to Australia; and

(ii) from the place of arrival in Australia to the sponsored person’s usual place of residence in Australia; and

(b) the costs include the cost of travel from the sponsored person’s usual place of residence in Australia to the place of departure from Australia; and

(c) the costs include the cost of travel from Australia to the country from which the sponsored person came to Australia; and

(d) the costs are for economy class air travel or the equivalent of economy class air travel.

(4) The obligation mentioned in subregulation (2):

(aa) if subregulation (1) applies—starts to apply on the day on which the primary sponsored person is granted the visa referred to in that subregulation; or

(a) if subregulation (1A) applies—starts to apply on:

(i) the day on which the Minister approves a nomination by the person in which the primary sponsored person is identified; or

(ii) if the primary sponsored person does not hold a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream on the day the Minister approves the nomination—the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

(b) for a primary sponsored person—ends on the earliest of:

(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the primary sponsored person is granted a further substantive visa that:

(A) is a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

(B) is in effect; and

(iii) the first day on which each of the following has occurred:

(A) the primary sponsored person has left Australia;

(B) the Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or the Subclass 408 (Temporary Activity) visa has ceased to be in effect;

(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

(II) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass 408 (Temporary Activity) visa;

the bridging visa has ceased to be in effect; and

(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the secondary sponsored person is granted a further substantive visa that:

(A) is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

(B) is in effect; and

(iii) the first day on which each of the following has occurred:

(A) the secondary sponsored person has left Australia;

(B) the Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or the Subclass 408 (Temporary Activity) visa has ceased to be in effect;

(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and

(II) the last substantive visa held by the secondary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Domestic Worker (Executive) Stream or a Subclass 408 (Temporary Activity) visa;

the bridging visa has ceased to be in effect.

2.81 Obligation to pay costs incurred by the Commonwealth to locate and remove unlawful non‑citizen

(1) This regulation applies to a person who is or was an approved work sponsor.

(2) The person must pay costs incurred by the Commonwealth:

(a) if the costs were incurred by the Commonwealth in taking either or both of the following actions in relation to the primary sponsored person or secondary sponsored person:

(i) locating, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person;

(ii) removing, as an unlawful non‑citizen, the primary sponsored person or the secondary sponsored person from Australia; and

(b) if the Minister has requested the payment of the costs by written notice in the manner specified in subregulation (5); and

(3) However, if the person has already paid the costs of return travel in accordance with the sponsorship obligation mentioned in regulation 2.80 (the return costs), the person is liable to pay to the Commonwealth only the difference between:

(a) the lesser of:

(i) the actual costs incurred by the Commonwealth in taking 1 or more of the actions mentioned in paragraph (2)(a); or

(ii) the costs up to the limit prescribed under paragraph 140J(1)(a) of the Act, as prescribed in subregulation (4); and

(b) the return costs that have already been paid by the person.

(4) For paragraph 140J(1)(a) of the Act, the limit in relation to the obligation at subregulation (2) is $10 000.

(5) For paragraph (2)(b), the notice from the Minister requesting the payment of costs must:

(a) be given using a method mentioned in section 494B of the Act; and

(b) specify a date for compliance not earlier than 7 days after the date a person will be taken, by section 494C of the Act, to have received the notice.

(6) For paragraph 2 (c):

(a) in relation to a primary sponsored person—the period within which the Commonwealth must incur the costs:

(i) starts on the day on which the primary sponsored person becomes an unlawful non‑citizen; and

(ii) ends at the moment when the primary sponsored person leaves Australia; and

(b) in relation to a secondary sponsored person—the period within which the Commonwealth must incur the costs:

(i) starts on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and

(ii) ends at the moment when the secondary sponsored person leaves Australia.

(7) The obligation mentioned in subregulation (2):

(a) in relation to a primary sponsored person:

(i) starts to apply on the day on which the primary sponsored person becomes an unlawful non‑citizen; and

(ii) ends 5 years after the time at which the primary sponsored person leaves Australia; and

(b) in relation to a secondary sponsored person:

(i) starts to apply on the day on which the secondary sponsored person becomes an unlawful non‑citizen; and

(ii) ends 5 years after the time at which the secondary sponsored person leaves Australia.

(8) In this regulation:

costs, in relation to the removal of a former primary sponsored person or a former secondary sponsored person from Australia, has the same meaning as in paragraph (b) of the definition of costs in section 207 of the Act.

2.82 Obligation to keep records

(1) This regulation applies to a person who is or was an approved work sponsor.

(2) The person must keep records:

(a) of a kind:

(i) if the person is a standard business sponsor—specified in subregulation (3); or

(ii) if the person is a party to a work agreement—specified in subregulations (3) and (3A); or

(iii) if the person is a temporary activities sponsor, a temporary work sponsor or a professional development sponsor—specified in paragraphs (3)(a) and (b); and

(aa) of a kind specified by the Minister in an instrument in writing (if any) made for this subparagraph; and

(b) in a reproducible format; and

(i) in the manner specified by the Minister in an instrument in writing (if any) made for this subparagraph; or

(ii) if the record is a record mentioned in subparagraph (3)(a)(iii), (3)(e)(i), (3)(e)(ii) or paragraph (3)(g)—in a manner that is capable of being verified by an independent person; and

(d) for the period specified in subregulation (4), (5) or (6).

(3) For paragraph (2)(a), the records are:

(a) if the obligation mentioned in regulation 2.80 applies to the person:

(i) a record of the written request by the primary sponsored person or secondary sponsored person for the payment of return travel costs; and

(ii) a record of when the written request for the payment of return travel costs was received by the person; and

(iii) a record of how the person complied with the request to pay return travel costs, including:

(A) the costs paid; and

(B) who the costs were paid for; and

(b) if the obligation mentioned in regulation 2.84 applies to the person:

(i) a record of a notification to Immigration of an event specified in regulation 2.84 for the person; and

(ii) a record of the particulars of the notification of the event, including:

(A) the date on which the person notified Immigration of the event; and

(B) the method by which the notification was provided; and

a record of the tasks performed by the primary sponsored person in relation to work undertaken in relation to the nominated occupation; and

(d) a record of the location or locations at which the tasks mentioned in paragraph (c) were performed; and

(e) if the obligation mentioned in regulation 2.79 or 2.79A applies to the person:

(i) a record of the money paid to the primary sponsored person; and

(ii) a record of the money applied or dealt with in any way on the primary sponsored person’s behalf or as the primary sponsored person directed; and

(iii) a record of the non‑monetary benefits provided to the primary sponsored person, including the agreed value and the time at which, or the period over which, those benefits were provided; and

(iv) if there is an equivalent worker or workers in the person’s workplace—a record of the terms and conditions that apply, or did apply, to an equivalent worker or workers, including the period over which the terms and conditions applied; and

(f) a copy of the written contract of employment under which the primary sponsored person is employed; and

(g) if the person was approved as a standard business sponsor before 12 August 2018 and was lawfully operating a business in Australia at the time of:

(i) the person’s approval as a standard business sponsor; or

(ii) the approval of a variation to the person’s approval as a standard business sponsor;

all records showing that the person has complied with requirements relating to training specified by the Minister in an instrument in force before 12 August 2018 under subregulation 2.87B(2) (as in force before 12 August 2018); and

(h) records to substantiate the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for nominations in relation to which the person is liable for nomination training contribution charge.

(3A) For subparagraph (2)(a)(ii), the records are the records specified in the work agreement as records that must be kept.

(4) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the person is approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act; and

(b) ends 2 years after the first day on which each of the following occurs concurrently:

(i) the person ceases to be an approved work sponsor;

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

(5) If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the work agreement commences; and

(b) ends 2 years after the first day on which each of the following occurs concurrently:

(i) the person ceases to be a party to a work agreement;

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

(6) However, the obligation mentioned in subregulation (2) does not require a person to keep a record for a period of more than 5 years.

2.83 Obligation to provide records and information to the Minister

(1) This regulation applies to a person who is or was an approved work sponsor.

(2) The person must provide records or information to the Minister:

(a) if the Minister has requested the provision of the records or information by written notice in the manner specified in subregulation (3); and

(b) if the records requested by the Minister:

(i) are records the person is required to keep under a law of the Commonwealth or a State or Territory that applies to the person; or

(ii) are records the person is required to keep under regulation 2.82; and

(i) the administration of Division 3A of Part 2 of the Act and the Regulations made under that Division; or

(ii) if the person is a party to a work agreement—the administration of the work agreement; and

(d) in the manner, and within the timeframe, requested by the Minister in the notice mentioned in subregulation (3).

(3) A notice from the Minister requesting the provision of records or information must:

(a) be given using a method mentioned in section 494B of the Act; and

(b) specify a date for compliance not earlier than 7 days after the date on which a person will be taken, by section 494C of the Act, to have received the document.

(4) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the person is approved as a work sponsor under section 140E of the Act; and

(b) ends 2 years after the first day on which each of the following occurs concurrently:

(i) the person ceases to be an approved work sponsor; and

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

(5) If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the work agreement commences; and

(b) ends 2 years after the first day on which each of the following occurs concurrently:

(i) the person ceases to be a party to a work agreement;

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

2.84 Obligation to provide information to Immigration when certain events occur

(1) This regulation applies to a person who is or was an approved work sponsor.

(2) The person must:

(a) provide details of an event to Immigration when an event mentioned in this regulation, and specified for the person, occurs; and

(b) provide the details of the event:

(i) electronically, in the manner specified by the Minister in a legislative instrument made for the purposes of this subparagraph; and

(ii) within the period specified in subregulation (6).

(3) If the person is or was a standard business sponsor or a party to a work agreement, the person must notify Immigration about each of the following events:

(a) the cessation, or expected cessation, of a primary sponsored person’s employment with the person;

(aa) a change to the work duties carried out by a primary sponsored person;

(ab) a primary sponsored person failing to commence employment by the time agreed between the person and the primary sponsored person;

(b) a change to the information provided to Immigration in the person’s application for approval as a work sponsor in relation to:

(i) the training requirement mentioned in paragraphs 2.59(d) and (e) (as in force before 18 March 2018); and

(ii) the person’s address and contact details;

(ba) if the person is or was a party to a work agreement—a change to:

(i) the training information provided in the work agreement; or

(ii) the person’s address and contact details provided in the work agreement;

(c) a change to the information provided to Immigration in the person’s application for a variation of a term of approval in relation to the training requirement mentioned in paragraphs 2.68(e) and (f) (as in force before 18 March 2018);

(d) the legal entity of the person ceases to exist;

(e) if the legal entity of the person is a company—a new director is appointed;

(f) if the legal entity of the person is a partnership—a new partner joins the partnership;

(g) if the legal entity of the person is an unincorporated association—a new member is appointed to the managing committee of the association;

(h) the person has paid the return travel costs of a primary sponsored person or secondary sponsored person in accordance with the obligation mentioned in regulation 2.80;

(i) the person has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001;

(j) if the person is a natural person—any of the following:

(i) the person enters into a personal insolvency agreement under Part X of the Bankruptcy Act 1966;

(ii) the person enters into a debt agreement under Part IX of the Bankruptcy Act 1966;

(iii) a sequestration order is made against the estate of the person under Part IV of the Bankruptcy Act 1966;

(iv) the person becomes a bankrupt by virtue of the presentation of a debtor’s petition under Part IV of the Bankruptcy Act 1966;

(v) the person presents a declaration of intention to present a debtor’s petition under Part IV of the Bankruptcy Act 1966;

(vi) a composition or scheme of arrangement is presented in relation to the person in accordance with Division 6 of Part IV of the Bankruptcy Act 1966;

(k) if the person is a company—any of the following:

(i) an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001;

(ii) the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001;

(iii) a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001;

(iv) a court has appointed a registered liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001;

(v) a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001;

(vi) the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001;

(vii) procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001;

(viii) a restructuring practitioner for the company is appointed under Part 5.3B of the Corporations Act 2001;

(l) if the person is a partner of a partnership, or a member of a managing committee for an unincorporated association—any of the events of the kind mentioned in paragraphs (j) and (k).

(4) If the person is or was a professional development sponsor of a primary sponsored person (other than a holder of a Subclass 407 (Training) visa), the person must inform Immigration about each of the following events:

(a) a change to the information provided to Immigration in the person’s application for approval as a work sponsor in relation to:

(i) the person’s address and contact details; and

(ii) the person’s capacity to deliver the approved professional development program; and

(iii) the capacity of a sub‑contractor involved in the delivery of the approved professional development program to deliver the program or any part of the program;

(b) the legal entity of the person ceases to exist;

(d) if the legal entity of the person is a partnership—a new partner joins the partnership;

(e) if the legal entity of the person is an unincorporated association—a new member is appointed to the managing committee of the association;

(f) the person has become insolvent within the meaning of subsections 5(2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001;

(h) if the person is a company—any of the following:

(i) an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001;

(ii) the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001;

(iii) a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001;

(iv) a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001;

(v) a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001;

(vi) the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001;

(vii) procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001;

(viii) a restructuring practitioner for the company is appointed under Part 5.3B of the Corporations Act 2001;

(i) if the person is a partner of a partnership, or a member of a managing committee for an unincorporated association—any of the events of the kind mentioned in paragraph (h);

(j) the primary sponsored person is unable to participate in the professional development program;

(k) the primary sponsored person has ceased participation in the professional development program prior to the ending of the professional development program;

(l) the primary sponsored person has failed to attend the professional development program, and this absence was not authorised by the professional development sponsor.

(4A) If the person is or was a temporary activities sponsor, the person must inform Immigration about a change to the information, in relation to the sponsor’s address and contact details, provided to Immigration in the person’s application for approval as a temporary activities sponsor.

(4B) If the person is or was:

(a) a temporary activities sponsor in relation to a primary sponsored person; or

(b) a professional development sponsor in relation to a primary sponsored person who holds a Subclass 407 (Training) visa; or

(c) any of the following kinds of sponsor in relation to a primary sponsored person who holds a Subclass 408 (Temporary Activity) visa:

(i) a special program sponsor;

(ii) an entertainment sponsor;

(iii) a superyacht crew sponsor;

(iv) a long stay activity sponsor;

(v) a training and research sponsor;

the person must inform Immigration about each of the following events:

(d) the primary sponsored person failing to participate in the activity in relation to which the visa was granted;

(e) the primary sponsored person ceasing participation in the activity in relation to which the visa was granted;

(f) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that subclause 408.222(3) (elite player, coach, instructor or adjudicator) of Schedule 2 applied to the primary sponsored person—a change to the formal arrangement referred to in paragraph 408.222(3)(c) of Schedule 2;

(g) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied the criteria in clause 408.225 (superyacht crew) of Schedule 2—the cessation, or expected cessation, of a primary sponsored person’s employment with the sponsor;

(h) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied the criteria in clause 408.227 (staff exchange) of Schedule 2—a change to the agreement referred to in paragraph 408.227(b) of Schedule 2;

(i) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied any of the criteria in clause 408.229A (entertainment) of Schedule 2 and the sponsor is an Australian organisation—the organisation ceasing to exist;

(j) if the primary sponsored person was granted a Subclass 408 (Temporary Activity) visa on the basis that the primary sponsored person satisfied the criteria in subclause 408.229A(2), (3), (4), (5) or (6) (entertainment) of Schedule 2—the sponsor ceasing to hold a licence referred to in paragraph 408.229A(2)(d), (3)(d), (4)(d), (5)(d) or (6)(d) of Schedule 2, as the case may be;

(k) the person paying the return travel costs of the primary sponsored person, or a secondary sponsored person in relation to the primary sponsored person, in accordance with the obligation referred to in regulation 2.80.

(4C) If the person is or was a special program sponsor, the person must inform Immigration about each of the following events:

(a) a non‑Subclass 408 primary sponsored person is unable to meet the requirements of the special program;

(b) a non‑Subclass 408 primary sponsored person is unable to participate in a special program;

(c) a non‑Subclass 408 primary sponsored person ceases participation in a special program prior to the ending of the special program;

(d) a non‑Subclass 408 primary sponsored person fails to attend a special program.

(4E) If the person is or was an entertainment sponsor, the person must inform Immigration about each of the following events:

(a) a non‑Subclass 408 primary sponsored person fails to participate in the nominated activity for which the non‑Subclass 408 primary sponsored person was identified;

(b) if a non‑Subclass 408 primary sponsored person was identified in a nomination to perform in a film or television production—the cessation of the non‑Subclass 408 primary sponsored person’s participation in the nominated activity for which the non‑Subclass 408 primary sponsored person was identified;

(c) a non‑Subclass 408 primary sponsored person (other than a person mentioned in paragraph (b)) ceases participation, in the nominated activity for which the non‑Subclass 408 primary sponsored person was identified, prior to the cessation date specified in the itinerary provided to the Minister in accordance with the nomination criteria;

(d) the entertainment sponsor ceases to hold a licence that the entertainment sponsor was required to hold for the nomination to be approved;

(e) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as an entertainment sponsor;

(f) if the entertainment sponsor is an Australian organisation—the legal entity of the sponsor ceases to exist.

(4J) If the person is or was a superyacht crew sponsor, the person must inform Immigration about each of the following events:

(a) the cessation, or expected cessation, of a non‑Subclass 408 primary sponsored person’s employment with the person;

(b) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a superyacht crew sponsor.

(4K) If the person is or was a long stay activity sponsor, the person must inform Immigration about each of the following events:

(a) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a long stay activity sponsor;

(b) a non‑Subclass 408 primary sponsored person fails to participate in the nominated occupation or activity for which the non‑Subclass 408 primary sponsored person was identified;

(c) a non‑Subclass 408 primary sponsored person ceases participation in the nominated occupation or activity for which the non‑Subclass 408 primary sponsored person was identified;

(d) a change to the formal arrangement between the non‑Subclass 408 primary sponsored person and the person;

(e) a change to the exchange agreement;

(f) the person has paid the return travel costs of a non‑Subclass 408 primary sponsored person or secondary sponsored person in accordance with the obligation mentioned in regulation 2.80.

(4L) If the person is or was a training and research sponsor, the person must inform Immigration about each of the following events:

(a) a change to the information, in relation to the person’s address and contact details, provided to Immigration in the person’s application for approval as a training and research sponsor;

(b) a non‑Subclass 408 primary sponsored person fails to participate in the nominated occupation, program or activity for which the non‑Subclass 408 primary sponsored person was identified;

(c) a non‑Subclass 408 primary sponsored person ceases participation in the nominated occupation, program or activity for which the non‑Subclass 408 primary sponsored person was identified;

(d) a non‑Subclass 408 primary sponsored person fails to participate in the research project in relation to which the non‑Subclass 408 primary sponsored person was granted the visa.

(5) For paragraphs (3)(a), (4B)(g) and (4J)(a):

(a) the person may notify Immigration of the final date of employment of the primary sponsored person before that date; and

(b) if the primary sponsored person does not cease employment with the person, or ceases employment on a different date—the person must notify Immigration of the continued employment or the new date of cessation.

(6) The notification of an event mentioned in an item of the table must be made within the timeframe mentioned in the item.

Item	For an event mentioned in …	the notification must be made …
1	paragraph (3)(a), (4B)(g) or (4J)(a)	within 28 days of the primary sponsored person ceasing employment
2	paragraphs (3)(aa) to (l)	within 28 days of the change or event occurring
3	subregulation (4)	within 28 days of the change or event occurring
3A	subregulations (4A) to (4L), other than the paragraphs mentioned in item 1	within 28 days of the change or event occurring
4	paragraph (5)(b)	the earlier of: (a) within 28 days of the cessation date notified under paragraph (3)(a), (4B)(g) or (4J)(a); and (b) within 28 days of the actual cessation date

(7) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the person is approved as a work sponsor under section 140E of the Act; and

(b) ends after the first day on which each of the following occurs concurrently:

(i) the person ceases to be an approved work sponsor; and

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

(8) If the person is or was a party to a work agreement, the obligation mentioned in subregulation (2):

(a) starts to apply on the day on which the work agreement commences; and

(b) ends after the first day on which each of the following occurs concurrently:

(i) the person ceases to be a party to a work agreement; and

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

(9) In this regulation:

non‑Subclass 408 primary sponsored person means a primary sponsored person who does not hold a Subclass 408 (Temporary Activity) visa.

2.85 Obligation to secure an offer of a reasonable standard of accommodation

(1) This regulation applies to a person who is or was:

(a) an approved work sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(iii) the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(iv) the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Professional Development stream; or

(b) a special program sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i) either:

(A) the primary sponsored person or secondary sponsored person holds a Subclass 416 (Special Program) visa; or

(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 416 (Special Program) visa; and

(ii) the position in the activity in relation to which the primary sponsored person or secondary sponsored person was granted the Subclass 416 (Special Program) visa is a volunteer role; or

(ba) a temporary activities sponsor or a special program sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i) the primary sponsored person or secondary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.228 (special program) of Schedule 2, or the last substantive visa held by the primary sponsored person or secondary sponsored person was such a visa; and

(ii) the position in the activity in relation to which the primary sponsored person or secondary sponsored person was granted the visa is a volunteer role; or

(i) either:

(A) the primary sponsored person or secondary sponsored person holds a Subclass 420 (Entertainment) visa; or

(B) the last substantive visa held by the primary sponsored person or secondary sponsored person was a Subclass 420 (Entertainment) visa; and

(ii) the primary sponsored person or secondary sponsored person was identified in a nomination of an occupation, a program or an activity that is a volunteer role; or

(d) an approved work sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Sport stream, or the Religious Worker stream, in relation to a volunteer role; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Sport stream, or the Religious Worker stream, in relation to a volunteer role; or

(iii) the primary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.222 (sport), 408.223 (religious worker) or 408.229A (entertainment) of Schedule 2 in relation to a volunteer role; or

(iv) the last substantive visa held by the primary sponsored person was a visa referred to in subparagraph (iii); or

(e) an approved work sponsor in relation to a primary sponsored person or a secondary sponsored person, if:

(i) the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Occupational Trainee stream in relation to a volunteer role; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 402 (Training and Research) visa in the Occupational Trainee stream in relation to a volunteer role; or

(iii) the primary sponsored person holds a Subclass 407 (Training) visa in relation to a volunteer role; or

(iv) the last substantive visa held by the primary sponsored person was a Subclass 407 (Training) visa in relation to a volunteer role.

(2) The person must secure 1 or more offers of accommodation for the primary sponsored person or secondary sponsored person that:

(a) will provide for a reasonable standard of accommodation; and

(b) will ensure that the primary sponsored person or secondary sponsored person has accommodation while the primary sponsored person or secondary sponsored person is in Australia.

Example: If accommodation that has been secured becomes unavailable, the approved work sponsor must secure another offer of accommodation for the primary sponsored person or secondary sponsored person.

(3) For subregulation (2)(a), accommodation is of a reasonable standard if the accommodation:

(a) meets all relevant State or Territory and local government regulations regarding fire, health and safety; and

(b) offers 24‑hour access; and

(d) is clean and well‑maintained; and

(e) has a lounge area; and

(f) has adequate laundry facilities or a laundry service; and

(g) provides power for lighting, cooking and refrigeration; and

(h) has an adequate ratio of guests to bathroom facilities; and

(i) has uncrowded sleeping areas; and

(j) provides appropriate gender segregated areas and bathroom facilities; and

(k) allows adequate privacy and secure storage for personal items.

(4) The obligation mentioned in subregulation (2):

(a) starts to apply:

(i) if the primary sponsored person or secondary sponsored person holds a Subclass 408 (Temporary Activity) visa granted on the basis that the primary sponsored person satisfied the criteria in clause 408.222 (sport), 408.223 (religious worker), 408.228 (special program) or 408.229A (entertainment) of Schedule 2, or a Subclass 416 (Special Program) visa—on the day on which the primary sponsored person or secondary sponsored person is granted the visa; or

(ii) if the primary sponsored person or secondary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa, a Subclass 407 (Training) visa or a Subclass 420 (Entertainment) visa:

(A) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or

(iii) if the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Professional Development stream—on the day the visa is granted; or

(iv) if the primary sponsored person holds a Subclass 402 (Training and Research) visa in the Occupational Trainee stream:

(A) on the day the Minister approves a nomination by the person that identifies the primary sponsored person; or

(B) if the primary sponsored person does not hold the visa on the day the Minister approves the nomination—on the day the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

(b) for a primary sponsored person—ends on the earliest of:

(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the primary sponsored person is granted a further substantive visa that:

(A) is a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

(B) is in effect; and

(iii) the first day on which each of the following has occurred:

(A) the primary sponsored person has left Australia;

(B) the visa mentioned in subregulation (1) has ceased to be in effect;

(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

(II) the last substantive visa held by the primary sponsored person was a visa mentioned in subregulation (1);

the bridging visa has ceased to be in effect; and

(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the secondary sponsored person is granted a further substantive visa that:

(A) is a visa of a different subclass to the last substantive visa held by the secondary sponsored person; and

(B) is in effect; and

(iii) the first day on which each of the following has occurred:

(A) the secondary sponsored person has left Australia;

(B) the visa mentioned in subregulation (1) has ceased to be in effect;

(I) the secondary sponsored person held a Subclass 020 (Bridging B) visa when the secondary sponsored person left Australia; and

(II) the last substantive visa held by the secondary sponsored person was a visa mention in subregulation (1);

the bridging visa has ceased to be in effect.

2.86 Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity

(1) This regulation applies to:

(a) a person who is or was an approved work sponsor in relation to a primary sponsored person if:

(i) the primary sponsored person holds a visa in relation to which the primary sponsored person was required to be nominated by an approved work sponsor; or

(ii) an occupation, a program or an activity was required to be nominated in relation to the primary sponsored person by an approved work sponsor; and

(b) a person who is or was an approved work sponsor in relation to a person who was a primary sponsored person if:

(i) the last substantive visa held by the primary sponsored person was a visa in relation to which the primary sponsored person was required to be nominated by an approved work sponsor; or

(ii) an occupation, a program or an activity was required to be nominated in relation to the primary sponsored person by an approved work sponsor.

(2) If the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the person must ensure that the primary sponsored person:

(a) works in the nominated occupation; and

(b) does not work in an occupation unless both of the following apply:

(i) the occupation was nominated by the person in relation to the primary sponsored person under subsection 140GB(1) of the Act;

(ii) the nomination was approved by the Minister under subsection 140GB(2) of the Act.

(2A) If:

(a) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72(13);

the person must ensure that:

(c) if the person is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the person’s approval as a standard business sponsor, or at the time of the last approval of a variation to the person’s term of approval as a standard business sponsor—the primary sponsored person is engaged only as:

(i) an employee of the person; or

(ii) an employee of an associated entity of the person; or

(d) if the person is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the person’s approval as a standard business sponsor, or at the time of the last approval of a variation to the person’s term of approval as a standard business sponsor—the primary sponsored person is engaged only as an employee of the person; or

(e) if the person is or was a party to a work agreement—the primary sponsored person is engaged only as an employee of the person.

(2AA) If:

(aa) the primary sponsored person holds a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa, or the last substantive visa held by the primary sponsored person was a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa; and

(ab) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72(13); and

(ac) the person is, or was, a standard business sponsor;

the person must ensure that:

(a) the primary sponsored person is employed under a written contract of employment; and

(b) if the person is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the person’s approval as a standard business sponsor, or at the time of the last approval of a variation to the person’s term of approval as a standard business sponsor:

(i) the person does not engage in activities that relate to the recruitment of a visa holder, an applicant for a visa or a proposed applicant for a visa for the purpose of supplying the holder, applicant or proposed applicant to a business that is not associated with the person; and

(ii) the person does not engage in activities that relate to the hire of a visa holder to a business that is not associated with the person; and

(c) if the person is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the person’s approval as a standard business sponsor, or at the time of the last approval of a variation to the person’s term of approval as a standard business sponsor:

(ii) the person does not engage in activities that relate to the hire of a visa holder to any other business.

(2AB) The person’s obligation in subregulation (2AA) applies only in relation to the following:

(a) a primary sponsored person who holds a Subclass 457 (Temporary Work (Skilled)) visa on the basis of satisfying the criteria in subclause 457.223(4) of Schedule 2 (as in force before 18 March 2018);

(b) a primary sponsored person whose last substantive visa was a Subclass 457 (Temporary Work (Skilled)) visa held on the basis of satisfying the criteria in subclause 457.223(4) of Schedule 2 (as in force before 18 March 2018);

(c) a primary sponsored person who holds a Subclass 482 (Temporary Skill Shortage) visa in the Short‑term stream or Medium‑term stream;

(d) a primary sponsored person whose last substantive visa was a Subclass 482 (Temporary Skill Shortage) visa in the Short‑term stream or Medium‑term stream.

(2B) If:

(a) the primary sponsored person holds a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, or the last substantive visa held by the primary sponsored person was a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa; and

(b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72C(14);

the person must ensure that:

(i) an employee of the person; or

(ii) an employee of an associated entity of the person; or

(d) if the person is or was a party to a work agreement——the primary sponsored person is engaged only as an employee of the person.

(2BA) If:

(b) the nominated occupation is not an occupation specified by the Minister in an instrument made under subregulation 2.72C(14); and

the person must ensure that:

(d) the primary sponsored person is employed under a written contract of employment; and

(e) the person does not engage in activities that relate to the recruitment of a visa holder, an applicant for a visa or a proposed applicant for a visa for the purpose of supplying the holder, applicant or proposed applicant to a business that is not associated with the person; and

(f) the person does not engage in activities that relate to the hire of a visa holder to a business that is not associated with the person.

(2C) If the primary sponsored person holds a visa other than a Subclass 457 (Temporary Work (Skilled)) visa, a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa, the person must ensure that the primary sponsored person works or participates in the nominated occupation, program or activity in relation to which the primary sponsored person was identified.

(3) The obligations mentioned in subregulations (2) to (2C):

(a) start to apply:

(i) on the day on which the Minister approves a nomination by the person that identifies the primary sponsored person; or

(ii) if the primary sponsored person does not hold a visa mentioned in subregulation (1) on the day the Minister approves the nomination—on the day on which the primary sponsored person is granted the visa on the basis of being identified in an approved nomination by the person; and

(b) end on the earliest of:

(i) the day on which the Minister approves a nomination under section 140GB of the Act by another approved work sponsor in which the primary sponsored person is identified; and

(ii) the day on which the primary sponsored person is granted a further substantive visa that is in effect and is:

(B) in any other case—a visa of a different subclass to the last substantive visa held by the primary sponsored person; and

(iii) the first day on which each of the following has occurred:

(A) the primary sponsored person has left Australia;

(B) the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person has ceased to be in effect;

(I) the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia; and

(II) the last substantive visa held by the primary sponsored person was the visa granted to the primary sponsored person on the basis of being identified in an approved nomination by the person;

the bridging visa has ceased to be in effect.

2.86A Obligation to ensure primary sponsored person works or participates in activity in relation to which the visa was granted

(1) This regulation applies to a person (the sponsor) who is or was an approved work sponsor of:

(a) a primary sponsored person (the sponsored person) who holds a Subclass 408 (Temporary Activity) visa; or

(b) a person (the sponsored person) who was a primary sponsored person if the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa.

(2) The sponsor must ensure that the sponsored person undertakes the activity in relation to which the visa was granted.

(3) The obligation mentioned in subregulation (2) starts to apply on the day the visa is granted.

(4) The obligation mentioned in subregulation (2) ceases to apply on the earliest of the following days:

(a) the day on which the sponsored person is granted a further substantive visa that:

(i) is a visa of a different subclass to the last substantive visa held by the sponsored person; and

(ii) is in effect;

(b) the day on which the primary sponsored person is granted a further Subclass 408 (Temporary Activity) visa, if the sponsor is not a sponsor in relation to that further visa;

(i) the primary sponsored person has left Australia;

(ii) the visa referred to in subregulation (1) has ceased to be in effect;

(iii) if the primary sponsored person held a Subclass 020 (Bridging B) visa when the primary sponsored person left Australia, and the last substantive visa held by the primary sponsored person was the visa referred to in subregulation (1)—the bridging visa has ceased to be in effect.

2.87 Obligation not to recover, transfer or take actions that would result in another person paying for certain costs

(1) This regulation applies to a person who is or was an approved work sponsor.

(1A) The person:

(a) must not take any action, or seek to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs:

(i) associated with the person becoming an approved work sponsor; or

(ii) associated with the person being an approved work sponsor; or

(iii) associated with the person being a former approved work sponsor; or

(iiia) associated with a nomination under subsection 140GB(1) of the Act (including a fee mentioned in subregulation 2.73(5) or (7), 2.73A(3) or 2.73B(5) or (7) or nomination training contribution charge); or

(iv) that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

(b) must not take any action, or seek to take any action, that would result in another person paying to the person some or all of the costs, including migration agent costs:

(i) associated with the person becoming an approved work sponsor; or

(ii) associated with the person being an approved work sponsor; or

(iii) associated with the person being a former approved work sponsor; or

(iv) that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

(i) a Subclass 402 (Training and Research) visa; or

(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or

(ib) a Subclass 407 (Training) visa; or

(ic) a Subclass 408 (Temporary Activity) visa; or

(ii) a Subclass 416 (Special Program) visa; or

(iii) a Subclass 488 (Superyacht Crew) visa;

must not take any action, or seek to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and

(d) if the person has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:

(i) a Subclass 402 (Training and Research) visa; or

(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or

(ib) a Subclass 407 (Training) visa; or

(ic) a Subclass 408 (Temporary Activity) visa; or

(ii) a Subclass 416 (Special Program) visa; or

(iii) a Subclass 488 (Superyacht Crew) visa;

must not take any action, or seek to take any that would result in another person paying to the person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.

(1B) The person:

(a) must not recover from another person some or all of the costs, including migration agent costs:

(i) associated with the person becoming an approved work sponsor; or

(ii) associated with the person being an approved work sponsor; or

(iii) associated with the person being a former approved work sponsor; or

(iv) that relate specifically to the recruitment of the primary sponsored person, or a non‑citizen, for the purposes of a nomination under subsection 140GB(1) of the Act; and

(b) must not seek to recover from another person some or all of the costs, including migration agent costs:

(i) associated with the person becoming an approved work sponsor; or

(ii) associated with the person being an approved work sponsor; or

(iii) associated with the person being a former approved work sponsor; or

(iv) that relate specifically to the recruitment of the primary sponsored person, or a non‑citizen, for the purposes of a nomination under subsection 140GB(1) of the Act; and

(i) a Subclass 402 (Training and Research) visa; or

(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or

(ib) a Subclass 407 (Training) visa; or

(ic) a Subclass 408 (Temporary Activity) visa; or

(ii) a Subclass 416 (Special Program) visa; or

(iii) a Subclass 488 (Superyacht Crew) visa;

must not recover from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder; and

(d) if the person has agreed to be the work sponsor of an applicant for, proposed applicant for, or holder of:

(i) a Subclass 402 (Training and Research) visa; or

(ia) a Subclass 403 (Temporary Work (International Relations)) visa; or

(ib) a Subclass 407 (Training) visa; or

(ic) a Subclass 408 (Temporary Activity) visa; or

(ii) a Subclass 416 (Special Program) visa; or

(iii) a Subclass 488 (Superyacht Crew) visa;

must not seek to recover from another person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of that applicant, proposed applicant or holder.

(2A) In addition to subregulations (1A) and (1B), if:

(a) the person is or was:

(i) a temporary activities sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person); or

(ii) a long stay activity sponsor in relation to a primary sponsored person or a secondary sponsored person (the sponsored person); and

(b) either:

(i) the primary sponsored person holds a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic Worker stream; or

(ii) the last substantive visa held by the primary sponsored person was a Subclass 401 (Temporary Work (Long Stay Activity)) visa in the Religious Worker stream or the Domestic Worker stream; or

(iii) the sponsored person holds a Subclass 408 (Temporary Activity) visa granted to the sponsored person on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) or 408.224 (domestic worker) of Schedule 2; or

(iv) the last substantive visa held by the sponsored person was a Subclass 408 (Temporary Activity) visa granted to the sponsored person on the basis that the primary sponsored person satisfied the criteria in clause 408.223 (religious worker) or 408.224 (domestic worker) of Schedule 2;

the person must not recover or seek to recover from the sponsored person any expenditure by the person in relation to financial support of the sponsored person in Australia.

(3) If the person is or was approved as a work sponsor in a class of sponsor under subsection 140E(1) of the Act, the obligations mentioned in subregulations (1A), (1B) and (2A):

(a) start to apply on the day on which the person is approved as a work sponsor; and

(b) end on the day on which each of the following has occurred:

(i) the person ceases to be an approved work sponsor;

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

(4) If the person is or was a party to a work agreement, the obligations mentioned in subregulations (1A), (1B) and (2A):

(a) start to apply on the day on which the work agreement commences; and

(b) end on the day on which each of the following has occurred:

(i) the person ceases to be a party to a work agreement;

(ii) there is no primary sponsored person or secondary sponsored person in relation to the person.

2.87C Obligation not to engage in discriminatory recruitment practices

(1) This regulation applies to a person who:

(a) is or was a standard business sponsor; and

(b) is lawfully operating a business in Australia.

(2) The person must not engage in, or have engaged in, discriminatory recruitment practices during the period of the person’s approval as a work sponsor.

(3) The obligation referred to in subregulation (2):

(a) starts to apply on the day the person is, or was, approved as a standard business sponsor; and

(b) ends when the person ceases, or ceased, to be a standard business sponsor.

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