Being offered a visa sponsorship can be an exciting step towards building a career and future in Australia. But if an employer tells you that you must pay for their sponsorship, nomination or other sponsorship-related costs, it is important to understand your rights before handing over any money.
Australian migration law prohibits sponsors from asking for or receiving a benefit in exchange for visa sponsorship. It is also illegal for a visa applicant or another person to offer or provide a benefit in exchange for sponsorship.
This means that arrangements such as “pay us $10,000 and we’ll sponsor your 482 visa” can be a serious warning sign.
In this guide, we explain what employers can and cannot ask you to pay, what costs the employer is responsible for, the potential consequences for businesses that breach the rules, and what you should do if you believe an employer is asking you to pay for sponsorship.
Can an employer charge me for visa sponsorship?
No. An employer cannot sell you sponsorship or ask you to provide a benefit in exchange for sponsoring you.
Under Australian law, it is illegal for a sponsor or another person to ask for or receive a benefit in exchange for visa sponsorship. It is also unlawful for a person seeking sponsorship to offer or provide such a benefit.
This is particularly important for people applying for employer-sponsored visas such as the Skills in Demand (subclass 482) visa.
A legitimate visa sponsorship arrangement should be based on a genuine employment relationship and a genuine need for the worker’s skills. The subclass 482 visa allows an employer to sponsor a suitably skilled worker for a position where they cannot find a suitably skilled Australian worker.
Sponsorship is not something an employer can simply sell to an overseas worker.
What sponsorship costs must the employer pay?
There are costs associated with becoming a sponsor and nominating an overseas worker. These are generally the responsibility of the sponsoring business.
For example, Home Affairs currently lists fees associated with becoming an approved sponsor and nominating a worker under the Skills in Demand subclass 482 program.
Importantly, Home Affairs states that sponsors must pay and assume responsibility for certain sponsorship-related costs, including the cost of becoming a sponsor, nomination charges, and associated migration agent costs.
An employer therefore cannot simply pay these costs and then create an agreement requiring the sponsored worker to reimburse them.
This is different from the visa application charge, which is a cost associated with the applicant’s visa application. Applicants may also have other personal costs associated with their migration process, such as English testing, skills assessments, medical examinations or police checks, depending on their circumstances.
The important distinction is between your own visa-related expenses and costs that legislation requires the sponsor to bear.
Can my employer ask me to repay sponsorship costs later?
This is another area where workers need to be careful.
An employer may attempt to avoid the rules by saying:
“We’ll pay for your sponsorship now, but you have to repay us if you leave.”
Simply changing the wording does not necessarily make the arrangement lawful.
The Australian Border Force specifically warns that it is illegal for sponsors to ask for or receive a benefit in exchange for visa sponsorship. Sponsors and visa holders can face civil and criminal penalties for this type of conduct.
If an employment contract contains a clause requiring you to repay sponsorship or nomination expenses, don’t assume that the clause is enforceable simply because you signed it.
Get professional advice before making any payment or signing an agreement that requires you to reimburse sponsorship-related costs.
What costs should I normally expect to pay?
Migrating to Australia can involve a number of legitimate expenses, and it is important not to confuse these with an employer charging you for visa sponsorship.
Depending on your visa and circumstances, you may have costs including:
- The visa application charge
- English language testing
- Skills assessment fees
- Health examinations
- Police checks
- Document translations
- Professional advice about your visa application
- Other personal costs associated with preparing your application
The exact costs vary depending on the visa pathway and your circumstances.
For example, the Department of Home Affairs provides specific information about how visa application charges are paid through ImmiAccount.
The issue arises when an employer asks you to pay them in exchange for sponsorship, or requires you to reimburse costs that the sponsor is legally required to pay.
What are some warning signs of a sponsorship scam?
If you’re overseas and searching for an Australian employer willing to sponsor you, you may come across job advertisements or recruiters making promises about visa sponsorship.
Be particularly cautious if an employer or third party:
- Asks you to pay a large amount of money for a job and sponsorship
- Says you must pay to “secure” a 482 visa
- Asks you to reimburse nomination or sponsorship costs
- Promises a guaranteed visa in exchange for payment
- Offers sponsorship without a genuine job
- Asks you to make payments into a personal bank account
- Pressures you to pay quickly
- Tells you not to discuss the payment arrangement with anyone
- Threatens to withdraw your sponsorship if you don’t make a payment
These situations should not be ignored.
The Australian Border Force actively investigates businesses involved in exploitation of migrant workers, and there are mechanisms for reporting suspected breaches.
What could happen to an employer that breaks the rules?
The consequences for employers can be serious.
Depending on the circumstances and nature of the breach, a sponsor may face civil or criminal penalties, sanctions and restrictions on their ability to sponsor migrant workers.
Potential consequences can include:
Loss or restriction of sponsorship rights
A business that breaches its visa sponsorship obligations can face sanctions that affect its ability to sponsor overseas workers in the future.
Serious, deliberate or repeated breaches can also result in an employer being prohibited from employing additional migrant workers for a period of time.
Financial penalties
Sponsors can face financial penalties for breaches of Australia’s migration laws and sponsorship obligations. In more serious cases, criminal penalties may also apply.
Damage to the business’s reputation
Businesses found to have breached visa sponsorship obligations can face significant reputational damage. The Australian Border Force maintains a Register of sanctioned sponsors, which records sponsors that have breached their obligations.
Impact on sponsored workers
Sponsorship breaches can also create uncertainty and stress for the migrant workers involved.
This is one reason Australia’s migration system has protections aimed at preventing exploitation of temporary migrant workers.
Can an employer cancel my 482 visa if I complain?
Your employer does not have the power to simply cancel your visa because you raise concerns about your workplace rights.
Visa cancellation is a matter for the Australian Government, not an employer.
If you are concerned about exploitation, it is important to understand your rights and obtain appropriate advice rather than allowing an employer to use your visa status to pressure you.
Home Affairs confirms that workers have basic workplace rights and protections regardless of their citizenship or visa status.
If your employer is threatening your visa, withholding your passport, underpaying you or demanding money in connection with your visa sponsorship, seek advice as soon as possible.
What if I’ve already paid my employer for sponsorship?
If you have already paid an employer or another person money in connection with sponsorship, don’t assume that there is nothing you can do.
Keep copies of:
- Employment contracts
- Sponsorship agreements
- Invoices
- Bank transfers
- Emails and text messages
- WhatsApp or other messaging conversations
- Job advertisements
- Receipts
- Any documents referring to sponsorship payments or repayment
These records may be important if you need to report the conduct or obtain legal or migration advice.
The Australian Border Force encourages people to report suspected breaches, including sponsorship-related exploitation.
If you are currently in Australia on a visa, you should also obtain advice about your individual immigration circumstances before making decisions about your employment or visa.
Does paying for visa sponsorship affect my visa?
It can create serious complications.
Australian law does not just prohibit sponsors from asking for a benefit. It also prohibits a person seeking sponsorship from offering or providing a benefit in exchange for sponsorship.
That means applicants should never assume that paying an employer is simply a cost of getting an Australian visa.
If someone offers you a job and says you need to pay them to obtain sponsorship, stop and seek professional advice before proceeding.
A genuine employer-sponsored visa should involve a genuine job and comply with Australia’s visa sponsorship and employment requirements.
What should I do if an employer asks me to pay for visa sponsorship?
If an employer asks you to pay for sponsorship, nomination or related costs, consider taking the following steps:
1. Don’t make the payment immediately.
Ask for the request in writing and don’t feel pressured into paying.
2. Keep all records.
Save messages, contracts, invoices and payment requests.
3. Get professional advice.
A registered migration agent or Australian legal practitioner can help you understand your circumstances and the relevant migration rules.
4. Consider reporting suspected exploitation.
The Australian Border Force provides information about reporting sponsorship breaches and migrant worker exploitation.
5. Understand your visa rights.
Don’t allow an employer to convince you that you have no rights simply because your visa depends on your employment.
What should overseas workers know before accepting visa sponsorship?
If you’re considering an employer-sponsored visa for Australia, don’t focus only on whether an employer is willing to sponsor you.
You should also ask:
- Is there a genuine job?
- Is the employer an approved sponsor?
- Is the nominated occupation eligible?
- Does the salary meet the relevant requirements?
- Who is paying each cost?
- Are you being asked to reimburse visa sponsorship expenses?
- Are you being asked for money in exchange for the sponsorship itself?
- Are the employment conditions clear and lawful?
Understanding these questions before you accept an offer can help you identify potential problems early.
Get professional advice about your Australian visa
Employer sponsorship can provide an important pathway for skilled workers looking to live and work in Australia. But sponsorship should never be something you have to buy from an employer.
If an employer asks you to pay for sponsorship or repay sponsorship-related costs, treat this as a serious warning sign. Australia’s migration laws place obligations on sponsors and provide protections for migrant workers.
The team at Australian Visa and Immigration Experts (AVIE) can help you understand your employer-sponsored visa options and the requirements that apply to your situation.
If you’re considering an employer-sponsored visa or have concerns about an existing sponsorship arrangement, contact AVIE for professional migration advice before making a payment or signing an agreement.
This article provides general information only and does not constitute legal or migration advice. Migration laws and policies can change, so seek advice based on your individual circumstances.
