University Obligations

The University's sponsoring school or division must:

• inform OPC within 10 working days of any changes or cessation of the activity before it is implemented.

  • The Relocation Consultant will need to notify Department of Immigration and Citizenship (DIAC) within 10 working days of the last day of appointment and of any changes to the nominated activity such as change of duties
  • OPC will need to advise the visa holder that their visa is subject to cancellation after 28 days of employment cessation (if unlawful, they may be removed and subject to a three year ban)

• ensure the sponsored 457 staff only works in the nominated activity

• not recover, or seek to recover, from the staff any sponsorship cost

• if requested in writing by the DIAC, must pay costs incurred by the Commonwealth in locating and/or removing sponsored appointee (and any accompanying sponsored family members on the 457 visa) from Australia. This can occur if the sponsored subclass 457 visa is cancelled or expires.

Visa holder obligations

The sponsored staff member on a 457 visa must:

• not commence work until evidence of the visa status is provided to OPC
• not cease work in relation to which the visa was granted
• not work for an employer other than the one who nominated them
• not work in an occupation other than the once cited on the most recent nomination.
• not cease to maintain appropriate level of health insurance for the duration of stay in Australia (i.e. Medicare /private health insurance ) and
• inform OPC immediately of any significant changes in circumstances affecting their visa status, this may include personal circumstances or significant change in their nominated position i.e. position title, position classification and main duties. The Relocation Consultant will need to seek advice from DI&C whether a new approval is required before any change to the nominated position is implemented.

Note: The sponsoring departmental unit must monitor and ensure the above visa obligations are upheld by the staff member.

Penalties and sanctions for failure to comply with the 457 obligations

• For a body corporate (University) - Infringement notice of up to AU$6,600 or a civil penalty order of up to AU$33,000 per each breach or failure.
• Suspension of the University from nominating sponsored staff for a specified period.
• Cancellation of the University's business sponsorship agreement; and/or sponsored visa.