Temporary Activities 407 Sponsor Obligations

This column will look at the obligations the employer (sponsor) must comply with for the Training visa, subclass 407. 

Sponsorship obligations are different for all visas.

For example, the TSS Visa Subclass 482 which also requires a sponsorship, is for the Standard Business Sponsorship (SBS).

On the other hand, The Training visa subclass 407 is for the Temporary Activity Sponsorship. Therefore obligations for the employer are applied differently. 

You can see from the table below that the obligations are slightly different depending on the visa subclass.

407 Sponsorship Obligations

2.78 Cooperating with Inspectors

Employers are required to cooperate with Workplace Inspectors. The inspector powers set out in Subdivision F of Division 3A of Part 2 of the Migration act are to: 

• Enter business premises or other paces 

• Inspect any work, process or object

• Interview any person at an entered premises or place

• Access and make copies of records and document that are kept in premise 

• Request for evidence for correctness 

2.81 Costs to Commonwealth – To locate and remove an unlawful non-citizen 

This obligation is to pay costs incurred by the commonwealth if the 407-visa holder overstays their visa. It only covers costs incurred when the person becomes illegal. A maximum limit of $10,000 is applicable for this obligation.

2.82 Maintenance of records

The employer is obliged to keep certain records for 5 years.

This obligation ends 2 years after the first day on which each of the following occurs:

• The person ceases to be an approved work sponsor or party to a work agreement

• There are no primary sponsored persons employed by the sponsor

• Request for payment of return travel costs 

• Details of payment of return travel costs – date, who for, amount

• Details of how the sponsor complied with the requests 

• The sponsor ceases to hold the required licence referred

2.83 Provide records and information to the Minister

An authorised departmental officer (as the Minister’s delegate) can request the following information:

• Records that the person is required to be kept under a law of the Commonwealth or State or Territory

• Records required to be kept under regulation

• Work agreement, records or information related to the administration of the work agreement.

2.84 Provide information to the Immigration, Department of Home Affairs

The employer must notify the Department of Home Affairs of certain events:

• Changes to the legal structure of the employer

• If the primary sponsored person fails to participate in the activity which their visa was granted

• the primary sponsored person ceases participation

• Payment of return travel costs of the primary sponsored person

• Cessation or expected cessation of primary sponsored person

2.85 Secure an offer of a reasonable standard of accommodation (In relation to a volunteer role only)

The employer must provide the following to the sponsored person:

• A reasonable standard of accommodation 

• Ensure that the sponsored person has accommodation in Australia

Volunteer role, according to sub-regulation 2.57(5) is the following:

• Not receive remuneration for performing the duties of the position other than:

• Reimbursement for reasonable expenses incurred by the person in performing the duties

• Prize Money 

• An Australian worker would not otherwise carry out the duties in return for wages.

2.86 Ensure that the primary sponsored person work or participates in the activity in relation to which the visa was granted

2.87 Not to recover, transfer or take actions resulting in another person paying for certain costs. 

The employer must not seek to recover or have another person pay for the cost of:

• Obtaining sponsorship approval

• Recruitment of the primary sponsored person