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Obligations for Temporary Business SponsorsObligations for businesses sponsoring employees for 457 visas have been changed significantly from 14 September 2009. The new sponsorship obligations apply to all current and new sponsors. The obligation to pay health costs does not apply to new 457 visas granted after 14 September 2009, but the Department of Immigration has indicated that employers of holders of 457 visas granted before 14 September remain obliged to pay health costs. The main sponsorship obligations are as follows:Cooperation with InspectorsEmployers are required to cooperate with Workplace Inspectors. The following would be considerd a breach of this obligation:
Equivalent Terms and Conditions of EmploymentConditions for 457 visa holders must be "no less favourable" than conditions for Australian permanent residents & citizens Employees must either be paid at least $180,000 or a market rate salary determined by conditions which would apply to Australian citizens or permanent residents. Commences: date of approval of 457, or nomination if already the holder of a 457 Ceases: Cessation of employment or grant of further visaTravel CostsThe employer must pay the cost of return travel for 457 visa holders if properly requested. The request must be properly made - in particular it must:
Costs to Commonwealth - Location & RemovalThis obligation would cover the cost of detection & removal incurred by the Commonwealth if the 457 visa holder overstays their visa. It only covers costs incurred between when the person becomes illegal and when they leave Australia. If return costs have already been paid by the employer, then only the difference between this and the actual cost is payable. A maximum limit of $10,000 is applicable for this obligation. Commences: date person becomes illegal Ceases: 5 years from date person leaves AustraliaMaintenance of recordsThe employer is obliged to keep certain records, including:
DIAC NotificationThe employer must notify the Department of Immigration of certain events via registered post or electronic mail to specified address which depends where the sponsorship application was processed by DIAC. Notification must be made within 10 business days, and examples of notifiable events include:
Recovery of costs from 457 holderThe employer must not seek to recover certain costs from a 457 holder. Such costs include:
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