Sponsor Monitoring, Bars and Cancellations
Approved sponsors are monitored to check that they are meeting their sponsorship obligations. When concerns are raised, how your business responds can decide whether it keeps sponsoring workers. In serious cases the result can be a bar, cancellation of your sponsorship approval or a financial penalty. Southern Stone helps employers respond to monitoring, put compliance right and deal with sanctions.
Monitoring is a normal part of being a sponsor, and most checks are resolved with good records and a clear response. Where a concern is serious, the right response at the right time can be the difference between a warning and a bar, so we look at the facts first and then at your options.
- ForApproved and former sponsors
- CoversMonitoring and compliance
- SanctionsBars, cancellations, penalties
- ReviewART, where available
Who this suits
Sponsors contacted by the Australian Border Force or Home Affairs about their obligations
Businesses told that a sanction is proposed, or that have received an infringement notice or a sanction decision
Employers who think they may have missed an obligation and want to put it right
HR teams wanting a compliance check before monitoring happens
Key facts
- The Australian Border Force monitors approved sponsors, and can ask for documents and information or visit a workplace
- Sanctions include cancellation of your sponsorship approval, a bar on sponsoring or applying for approval, infringement notices, civil penalties, compliance notices and enforceable undertakings
- More than one sanction can be imposed
- Details of sanctioned sponsors are published on a public register
- In serious cases an employer can be declared a prohibited employer and stopped from employing more migrant workers for a period
What monitoring looks at
- Paying the worker at least the nominated salary, on terms no less favourable than an Australian worker in the same role
- Keeping the worker in the nominated occupation and position
- Telling Home Affairs about certain changes within the required time, such as a worker leaving
- Keeping the records your obligations require, ready to provide when asked
- Not passing sponsorship, nomination or recruitment costs on to the worker
How it works
- 01Tell us what you have received, and the deadline
- 02We review the request or decision and your records
- 03We prepare and lodge your response, or a review application
- 04We help you put compliance routines in place
How we help
- Review your records against your obligations and tell you plainly where you stand
- Prepare your response to a monitoring request, with the documents asked for and an explanation of how each obligation is met
- Respond when a sanction is proposed, with submissions and evidence
- Advise on infringement notices, compliance notices and enforceable undertakings
- Seek review at the Administrative Review Tribunal of a decision to cancel your approval or bar you, where it can be reviewed
- Plan for your sponsored workers, and set up simple routines so obligations are met from here on
Common pitfalls
- Missing the deadline in a monitoring request or notice
- Sending documents without showing how they meet each obligation
- Not telling Home Affairs about changes within the required time
- Assuming a bar or cancellation cannot be challenged
Not sure whether this applies to your business? Ask us
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Frequently asked questions
What happens if our business is monitored?
The Australian Border Force may ask for documents and information, or visit your workplace, to check that you are meeting your sponsorship obligations. A complete, well-organised response goes a long way, and we can prepare it with you.
Can a bar or cancellation be reviewed?
Often, yes. A decision to cancel your sponsorship approval or to bar you from sponsoring can generally be reviewed at the Administrative Review Tribunal, and strict time limits apply. Contact us as soon as you receive the decision.
Does a sanction affect our sponsored workers?
It can. If your approval is cancelled or you are barred, you may not be able to nominate new positions, and your sponsored workers may need to plan for a new sponsor. We advise on the business and the workers together.
We think we missed an obligation. What should we do?
Speak to us before anything else changes. We review what happened, what can be put right now, and how to reduce the risk going forward.
Talk to us about your sponsorship
Tell us about your business and the role you need to fill. We will review your circumstances and explain the suitable pathway and next steps.