As an employer, you have the legal right to terminate an employee, including those you have sponsored for a visa, as long as the termination is lawful. It’s essential to ensure that your actions comply with the Fair Work Act and that you follow any procedures outlined in the employment contract, award, or enterprise agreement.
Sponsorship Obligations
If you terminate the employment of an employee who holds a subclass 482 visa, or if they resign, you are required to notify the Department of Home Affairs within 28 calendar days of the employment ending. This notification is a critical part of your sponsorship obligations.
What Happens to the Visa Holder?
Once the employment is terminated, the visa holder has 180 days to find another employer willing to sponsor them or to apply for another type of visa. If they do not secure a new sponsor or visa within this period, they may need to leave Australia.
Employer Responsibilities for Return Travel Costs
If the sponsored employee is leaving Australia, you may be obligated as their sponsor to cover reasonable and necessary travel costs for them and any sponsored family members. The Department of Home Affairs considers the following costs to be reasonable and necessary:
• Travel from the employee’s usual place of residence in Australia to their departure point from Australia.
• Travel from Australia to the country for which the employee holds a passport and intends to travel to.
• Economy class air travel or a reasonable equivalent.
Ensuring compliance with these requirements not only fulfills your legal obligations but also helps maintain the integrity of the sponsorship process.
If you want to find out more regarding your Sponsorship Obligations, get in touch with the team at KU Legal:
+61 (0) 429 133 911
jb@kulegal.com.au
Disclaimer: Changes to the Australian migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of publication.
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