An organisation, agency or citizen may be eligible to sponsor a person to work in the entertainment industry in Australia. This sponsorship is a requirement for the grant of a Temporary Work (Entertainment) Visa (TWEV) (Subclass 420) which allows the visa applicant to stay in Australia for up to two years and work in a nominated position. We will discuss the eligibility, sponsorship application, obligations of the sponsor and the nomination process below.
Entertainment Visa Eligibility
You must meet one of the following criteria to be eligible to sponsor a worker:
- An Australian organisation that is lawfully established and operating in Australia, such as a business, body corporate or unincorporated association (which means you cannot be an individual or sole trader);
- An agency of the Australian Government or an Australian state or territory government;
- A foreign government agency operating in Australia; or
- An Australian citizen or permanent resident, or an eligible New Zealand citizen who is usually resident in Australia.
If you meet the requirements of eligibility, you may begin the sponsorship application process. There are a number of steps involved which include:
- Preparing the documents necessary to prove the claims you make in your application which may include your ABN, franchise documentation and evidence of active operation such as your Sale of Business Agreement, Lease Agreement and Employment Agreement;
- Lodging your application using Form 1420S either online, by post or in person;
- Reporting changes in your circumstances that could affect the processing of your application (if required);
- Receiving your sponsorship decision; and
- Undertaking a merits review if your sponsorship decision is refused (if you are granted the right to do so and are within the relevant time limits).
Once the sponsorship application has been approved, there are a number of obligations upon the sponsor which include:
- Cooperating with inspectors, such as providing access to your premises or documentation;
- Keeping records, such as those that show you have complied with your sponsorship obligations;
- Providing records and information to the Minister, such as those that go to determining whether your sponsorship obligations are currently being complied with;
- Informing the Australian Department of Immigration and Border Protection (DIBP) when certain events occur, such as when your company is wound up;
- Ensuring that the TWEV holder participates in the nominated occupation, program or activity;
- Not recovering from, transferring or charging certain costs to another person such as costs relating to migration agencies, recruitment or becoming a sponsor;
- Paying costs to locate and remove the TWEV holder and any of their sponsored family members should they become an unlawful non-citizen(s); and
- Securing an offer of a reasonable standard of accommodation for those you sponsor who will work for you as a volunteer without being paid or who participates in a professional development program.
Consequences of Not Meeting Obligations
If you do not meet your obligations as a sponsor, there are a number of actions that DIBP can take which include:
- You could be barred from sponsoring or applying for approval to be a sponsor;
- Your existing approvals could be cancelled;
- You may be invited to enter into an enforceable undertaking;
- You could be issued an infringement notice of up to $10,200 for a company and $2,040 for an individual;
- You could be issued with a civil penalty order of up to $51,000 for a company and $10,200 for an individual.
Once you are an approved sponsor or have lodged an application to become a sponsor, you can nominate a person to work in the entertainment industry.
The nomination should answer the following questions:
- Who is the nominated person?
- Are there any accompanying family members?
- What work or activity will be done by the nominated person?
- Where will this work be carried out?
- What skills, experience and background does the nominated person have?
- How do the skills, experience and background relate to the position and activity?
- Who is the proposed employer(s) of the nominated person?
- Where is the employer(s) located and what are their contact details?
Are you interested in sponsoring someone to work in the entertainment industry in Australia? Get in touch by sending us a message or calling 1300 544 755.
If you are a worker interested in working in Australia, you can read more about the process in Part 1 of our series on the Temporary Work (Entertainment) Visa.