Managing sponsored staff effectively is essential for businesses to ensure compliance with immigration laws and support employee productivity. Sponsored employees bring valuable skills and diversity to the workforce, but their employment often involves additional regulatory and administrative responsibilities. Here are the best practices for managing sponsored staff:
1. Understand Visa Requirements and Obligations
Employers must be familiar with the visa subclass under which their staff are sponsored, such as the Temporary Skill Shortage (TSS) visa (subclass 482), 186 Employer Nomination Scheme, or other sponsorship arrangements. Each visa comes with specific obligations, including:
- Ensuring the sponsored role aligns with the nominated position.
- Meeting salary thresholds, such as the Temporary Skilled Migration Income Threshold (TSMIT).
- Providing equivalent employment conditions as Australian workers.
- Reporting significant changes in employment, such as role changes, terminations, or salary adjustments, to the Department of Home Affairs within prescribed timeframes.
2. Develop Onboarding Processes
Sponsored staff often require additional onboarding support to integrate into the workplace. Tailor onboarding programs to include:
- Information on compliance with visa-related conditions.
A strong onboarding program fosters engagement and helps employees adjust quickly.
3. Ensure Salary and Work Conditions Meet Legal Requirements
Sponsored staff must receive the same pay and work conditions as Australian employees in equivalent roles. Employers should:
- Regularly review salaries to ensure compliance with market rates and visa conditions.
- Avoid changes to job duties that might breach the sponsorship agreement or visa conditions.
4. Maintain Accurate Records
Accurate record-keeping is essential for demonstrating compliance with sponsorship obligations. Ensure documentation includes:
- Up-to-date employment contracts and position descriptions.
- Evidence of salary payments, such as payslips and bank statements.
- Copies of visa-related correspondence and records of compliance audits.
5. Prepare for Compliance Audits
The Department of Home Affairs regularly audits employers of sponsored staff. To prepare:
- Conduct internal audits of your sponsorship obligations.
- Use professional services, such as migration agents or external accountants, to verify compliance.
- Address any identified gaps promptly to avoid penalties.
6. Support Long-Term Retention
Retaining sponsored employees benefits both the company and the employee. To encourage retention:
- Discuss pathways to permanent residency and provide assistance if eligible.
7. Stay Updated on Immigration Policies
Immigration regulations change every year, and employers must stay informed about updates that affect their obligations. Partnering with a Registered Migration Agent or Lawyer can provide expert guidance and reduce risk. They can let you know about changes before they even happen or as soon as they happen.
8. Create a Contingency Plan
Sometimes, employment relationships with sponsored staff may end prematurely. Employers should plan for such scenarios by:
- Knowing their obligations when terminating sponsored staff, such as notifying the Department of Home Affairs within the required timeframe.
- Ensuring clear exit processes that respect the employee’s visa requirements and future plans.
Conclusion
Managing sponsored staff effectively requires a proactive approach to compliance and communication.