One of the questions most employers have before deciding to proceed with the sponsorship of an employee is whether they must retain them for the entire period of the visa, even if there is no longer a position available for them in the business.
Although sponsoring foreign workers may bring some responsibilities, you are still covered by employment law, which means you have the same rights and responsibilities with a sponsored worker as you do with an Australian or permanent resident.
Note that you still need to follow the same rules you do for Australians or permanent residents if there is no longer a position for the sponsored worker in the company, and you must follow the appropriate steps before dismissal.
In addition, once you dismiss a sponsored employee, you must inform the department within 28 days. The employee will have 180 consecutive days to:
- find another approved sponsor to nominate them,
- be granted a different visa, or
- leave Australia.
Until then, you must meet your sponsorship obligations to the visa holder and their dependents. You are responsible for paying reasonable and necessary travel costs for the visa holder and their dependents to leave Australia.
If the visa holder or any of their dependents become unlawful, you might have to pay the costs of locating them and removing them from Australia.
If you are in doubt about the immigration implications of dismissing a sponsored employee, consult an immigration lawyer or registered migration agent you trust.