Sponsoring overseas talent is a powerful way to fill skills gaps and grow your business, but it also comes with strict obligations. Unfortunately, many new sponsors overlook key compliance requirements, leading to breaches, penalties, or even cancellation of their sponsorship approval.
Here are the top five compliance mistakes new sponsors make and how you can avoid them.
1. Incomplete Labour Market Testing (LMT) or Job Ad Errors
One of the most common sponsor breaches comes from incorrect or incomplete job advertising during Labour Market Testing.
Mistakes include:
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Posting ads for less than 28 days
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Missing key info (salary, business name, etc.)
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Using unapproved platforms
How to avoid it:
Follow the LMT guidelines closely. Make sure your ads meet all format and content requirements, and keep evidence of each posting.
2. Poor Record-Keeping or Failure to Meet Sponsorship Obligations
The Department of Home Affairs can request records anytime. If you’re not keeping detailed documents, it could put your business at risk.
How to avoid it:
Keep records of all employment contracts, payslips, work hours, leave, and visa-related correspondence. Use digital tools to stay organised.
3. Inconsistent Employment Terms for Visa Holders
Visa holders must be employed under the same conditions as Australian workers in similar roles. This includes pay, duties, and entitlements.
How to avoid it:
Review Fair Work guidelines and ensure visa holders are not underpaid or treated differently. If the role changes, you may need to lodge a new nomination.
4. Missed Visa Renewals or Reporting Deadlines
Failing to report changes or missing visa expiry dates can lead to severe consequences for both the employer and employee.
How to avoid it:
Set reminders for visa expiry, sponsorship renewals, and key reporting obligations like changes in business structure or job roles.
5. Not Having a Long-Term Compliance Strategy
Many new sponsors treat compliance as a one-time task. But visa sponsorship is a long-term commitment with ongoing obligations.
How to avoid it:
Work with a migration advisor or compliance partner who can help you build a system for long-term sponsorship success.
How Resource Visa Can Help
At Resource Visa, we support sponsors at every stage, from initial applications to ongoing compliance. We provide tailored guidance, regular check-ins, and tools to help your business stay compliant and confident.
Compliance isn’t just about avoiding penalties; it’s about building a reputation as a responsible and reliable sponsor. Avoid these common mistakes, and you’ll create a stronger, more stable team.
Need help navigating the change?
Contact Resource Visa today for expert advice and tailored migration strategies.
