If you sponsor workers on temporary visas, you’ve likely engaged an immigration lawyer to prepare the necessary applications. That’s the right move.

But if you assume that compliance is now “taken care of,” you’re exposed.

Visa services and immigration compliance are two very different things and confusing the two is one of the most common (and costly) mistakes I see Australian employers make.

The Application Is Just Step One. Visa services are transactional. 

They’re the legal process of applying for:

• A Standard Business Sponsorship (SBS)
• Nomination approval for a specific role
• The actual visa application for the worker

In most cases, these steps are handled by a registered migration agent or immigration lawyer. Once granted, the business gets the green light to employ a worker on a temporary or permanent visa.

That’s where most employers think the job is done. It’s not.

What Immigration Compliance Actually Involves

Immigration compliance refers to the employer’s ongoing legal obligations after the visa is granted.

This includes:

• Keeping accurate records of each visa holder’s details, visa type, and work limitations
• Monitoring visa expiries, condition breaches, and status changes
• Notifying the Department of Home Affairs of certain events including role changes, terminations, or changes in business structure
• Ensuring payroll and position align with nominated terms and market salary benchmarks
• Training internal stakeholders (especially managers) on sponsorship obligations

Critically, none of these obligations are fulfilled by a lawyer filing the visa application. These are your responsibilities as the employer. They apply from day one of sponsorship and continue until the Department considers the worker’s matter finalised.

Why the Distinction Matters. Especially now.

In 2024, the Federal Government expanded the employer sanctions regime. Fines now exceed $75,000 per breach. Directors can be personally liable, even if they weren’t aware of the breach because the law applies strict liability.

And under the Migration Amendment (Strengthening Employer Compliance) Act 2024, organisations found to be non-compliant can be banned from employing any temporary visa holders for up to five years.

We’ve already seen bans imposed. These are not theoretical risks.

A missed visa expiry, a forgotten role change notification, or a payroll discrepancy can trigger a Department investigation. Once that happens, the burden shifts. You need to prove you took reasonable steps to comply.

That proof doesn’t come from your lawyer. It comes from your internal systems, your documentation, your training records, and your audit trail.

Common Misunderstandings That Create Risk

Here’s what I regularly hear from businesses and why these statements should raise red flags:

“Our migration agent handles everything.”

No agent or lawyer can fulfil your internal governance duties. They’re not tracking expiries, reviewing payroll, or training your staff. Nor do they sit inside your HRIS or payroll system. Unless you’ve explicitly arranged for a full-service compliance arrangement (rare), this is your risk to own.

“We’ve got it in a spreadsheet.”

Spreadsheets are not compliance systems. They don’t send alerts, flag risk, or create defensible records. Worse, they rely on one person maintaining them. If that person leaves or makes a mistake, the entire compliance chain breaks.

“We’ve never had a problem before.”

The Department now runs automated VEVO sweeps and cross-checks visa records against TFNs and payroll data. Just because you’ve flown under the radar doesn’t mean you’re compliant or safe.

What Employers Should Be Doing

• Map your obligations. Know exactly what your sponsorship duties are by visa type and employment action.
• Automate what you can. Use systems that integrate with VEVO, alert on expiry, and track condition breaches.
• Train your teams. HR can’t carry this alone. Line managers, payroll, and recruitment all play a part.
• Keep defensible records. You need to show what actions were taken, when, by whom and that staff were trained and systems were in place.
• Review regularly. Internal audits, spot checks, and system reviews should be part of your governance cycle.

A Final Thought

Visa services are essential. They open the door. But immigration compliance is what keeps you inside, legally, operationally, reputationally. So ask yourself: beyond your migration agent, who’s actually managing compliance inside your business?Because under the new framework, “we didn’t know” is no longer a defence.

Want to know if your business is truly compliant? Talk to us about a Complize compliance review today.