When sponsoring foreign workers under visas like the 482, 186, or 407, one of the most important obligations a sponsor has is to ensure the employee is working within the scope of their nominated occupation. Regulation 2.86 clearly outlines this obligation, stating that sponsors must ensure the primary sponsored person works or participates in the activities relevant to their nominated role.
But what does working outside the scope of the nominated position mean? It often involves assigning tasks or duties that do not match the responsibilities expected of the sponsored role, and it can have serious consequences for both the sponsor and the employee.
For example, consider a chef sponsored on a 482 visa. The duties outlined in the nomination would generally involve tasks like managing kitchen operations, planning menus, and overseeing food preparation. However, if the chef is regularly assigned low-skilled tasks such as washing dishes or preparing simple meals akin to a cook’s responsibilities, this would be considered working outside the scope of their nominated position. This shift from high-level chef duties to more basic cooking tasks could result in the Department of Home Affairs questioning whether the chef is indeed working in the capacity for which they were sponsored.
Sponsors must understand that ad-hoc duties, while sometimes necessary, should not dominate the employee’s role to the point that their work no longer reflects their nominated position. This is why it’s crucial to maintain clarity on job roles and ensure that any additional tasks do not overshadow the core responsibilities defined in the visa nomination.
Failing to comply with this obligation can lead to significant issues, including fines, sponsorship cancellation, and visa refusal or cancellation for the employee. Therefore, it is essential to regularly review the tasks being assigned to sponsored workers and ensure they are consistent with the nominated position to stay compliant with sponsorship obligations.
By maintaining this standard, sponsors not only meet their legal obligations but also protect the integrity of their business and the worker’s position in Australia.