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Importance of Complying with the Conditions/Requirements of 482 Visas

Apr 10, 2023 | AUS | 0 comments

The 482 visa allows employers to sponsor overseas workers to fill in crucial positions in your business where you are unable to find the same experience and knowledge in the Australian community. As such, the 482 visa comes with extensive conditions that employees must comply with and employers must ensure compliance is held up in order for the visa to stay valid. There are specific requirements that employers are to maintain which is what this article will discuss. 

Some of the most important requirements that an employer must uphold include: 

  • Ensure the sponsored employee receives the equivalent terms and conditions of employment to Australian citizen or PR employees.
    • This will mean that the letter of offer and subsequent contract provided to the sponsored employee must be equivalent to the contracts of the business’s Australian employees or equivalent to the a comparable business in the market. These include terms and conditions and the salary of the employee. Is discrepancies are found, you may face issues in the nomination stage of the application. 
  • Keep records
    • Employers should keep records of the tasks the employee tasks/ position, salaries, and location of work to ensure the compliance of visa conditions 
  • Provide records and information to the Minister upon request;
  • Ensure the worker works in the nominated occupation (not something different);
    • This is a direct compliance issue with condition 8607 of the 482 visa. This condition requires that the employee work only in their nominated positions as well as uphold any license or registration requirements needed to work in their position. 
  • Not recover costs that are not authorised under the regulations 
    • a sponsor cannot request visa holders to pay costs associated with gaining a sponsorship or nomination, including the associated migration agent costs, or the SAF Levy
  • Pay costs to the Commonwealth to locate and remove any unlawful worker;
    • This is in relation to any employees that may have become unlawful by overstaying their visa and having their visa cancelled due to character issues
  • Provide information to Immigration when certain events occur;
    • This includes if the employee does not want to continue working in the position or if they’ve breached a visa condition. 
  • not engage in discriminatory recruitment practices

Key Takeaways

It is important to ensure that sponsorship obligations are adhered to at all times.  We encourage you to perform routine audit of your sponsored population and contact us if there are any questions or concerns.