DHA Inspecting 482 Visa Sponsors: Process and Preparation

The purpose of a 482 sponsor inspection

The Department of Home Affairs (DHA) has the legal authority to monitor and inspect subclass 482 visa sponsors to ensure compliance with the Migration Act 1958 and the conditions of the Standard Business Sponsorship (SBS). This power is set out clearly in migration law, and the sponsor agrees to it when entering into the sponsor obligations.

The main aim of an inspection is to verify that the sponsor is:

Paying wages and providing working conditions no less favourable than an equivalent Australian worker
Maintaining a salary that meets TSMIT (the Temporary Skilled Migration Income Threshold)
Fully meeting its notification obligations
Not unlawfully charging fees to the nominee
Complying with the approved nomination conditions

Forms of inspection

DHA conducts sponsor monitoring in two main forms:

On-site inspection (site visit): an inspector attends the business’s place of work directly. This may be announced or unannounced. Under the law, the sponsor is required to allow the inspector onto the premises and to provide the requested documents.

Remote document request: DHA sends a written request to provide specific records within a set timeframe. The sponsor must respond fully and on time.

What an inspector checks

During an inspection, DHA usually examines the following items:

Employment and wage records:

The nominee’s employment contract (which must match the approved nomination)
Payslips for at least the most recent 12 months
Timesheets where applicable
Evidence of wages transferred to the nominee’s bank account

TSMIT compliance:

Whether the actual salary paid meets or exceeds the current TSMIT
How the salary compares with an Australian worker performing an equivalent position

Working conditions:

Actual working hours compared with the contract
Actual work compared with the ANZSCO description in the nomination
Evidence of safe working conditions

Notification obligations:

Records of notifications sent to DHA (change of address, termination of contract, change of position)

Fees and costs:

Confirmation that the sponsor does not charge visa or nomination fees to the nominee
A review of the financial arrangements between the two parties

The inspector’s legal powers

A DHA inspector has significant legal powers:

To enter the premises during reasonable working hours
To request and review any relevant records
To interview staff, including the nominee and management
To copy documents

Obstructing or refusing to cooperate with an inspector is a serious legal breach and can lead to immediate cancellation of sponsor status.

A checklist to prepare before an inspection

A sponsor should keep the following records up to date routinely, not waiting until an inspection notice is received:

A signed employment contract for every current nominee
Complete payslips from the start date of work
Evidence of the Annual Market Salary Review
Records of DHA notifications for every significant change
A copy of the nomination approval for each nominee
Evidence of the training levy paid (the Skilling Australians Fund levy)
Documentation of the actual working conditions (position description, organisational structure)

After an inspection: outcomes and next steps

After an inspection, DHA may:

Find no breach: the business continues to operate normally. DHA may record this as a positive compliance file.

Find a minor breach: DHA issues a warning or requires remediation within a set deadline. The business needs to respond in writing with a specific remediation plan.

Find a serious breach: DHA may start the process of cancelling sponsor status (cancellation of approval as a sponsor), apply a civil penalty, or refer the file to the Australian Border Force for criminal investigation in serious cases.

The sponsor has the right to respond before DHA makes an adverse decision, and in many cases can request a review of the decision through the Administrative Review Tribunal (ART).

A sponsor inspection is not a risk that only happens to businesses in breach — any sponsor can be selected for a periodic check. Maintaining complete and regularly updated records is the best protection.