Employer Sponsor Compliance Alert: The 28-Day Notification Rule You Cannot Ignore

What Is the 28-Day Notification Rule?

Under the Migration Regulations 1994, approved sponsors must notify the Department of Home Affairs within 28 calendar days of certain changes affecting their sponsored workers or their own business. This obligation applies to all standard business sponsors - whether you hold an existing 482 sponsorship or the newer SID visa framework.

The 28-day clock starts from the date the change occurs, not when your HR team discovers it. Late notification is treated as a breach of your sponsorship obligations under subsection 140Q(1) of the Migration Act 1958.

IMPORTANT

The Department has signalled increased compliance monitoring of sponsor notification obligations, with the Australian Border Force (ABF) issuing Notices of Intention to Take Action (NOITTA) to sponsors who fail to report within the required timeframe.

Exactly What Changes Must Be Notified?

The notification obligation covers two categories: changes to the sponsored worker's employment and changes to your business.

Changes to the Sponsored Worker

Change	Examples	Deadline
Employment ends or is expected to end	Resignation, redundancy, termination, end of contract	28 days
Job duties change significantly	Role shifts outside the nominated occupation	28 days
Worker does not start within agreed timeframe	Visa holder fails to commence employment	28 days

Changes to Your Business

Change	Examples	Deadline
Legal name or trading name changes	Rebranding, new ABN registration	28 days
Business structure changes	Sole trader → company, partnership changes	28 days
Business address or contact details change	Office relocation, new phone number	28 days
Insolvency or administration	Voluntary administration, liquidation, receivership	28 days
Business ceases to exist	Deregistration, wind-up	28 days

Note on salary, location and hours: Changes to these terms may also trigger a notification obligation if they result in the position falling outside the scope of the original nomination. If your worker's annual earnings drop below the nomination approval amount, this can constitute a separate breach of Regulation 2.79 (equivalent terms and conditions). Use our Visa Condition Lookup tool to understand the conditions attached to your worker's visa.

Consequences of Non-Compliance

The Department takes notification failures seriously. Here is what you risk:

Administrative Sanctions

Sanction	Impact
Infringement notice	Financial penalty without court action - up to $15,840 per breach (individuals) or $79,200 (corporations)
Sponsorship cancellation	Loss of approved sponsor status - all existing nominations affected
Bar on future sponsorships	Prohibited from sponsoring any worker for a specified period
Register of Sanctioned Sponsors	Public listing under section 140K of the Migration Act

Civil Penalties (Court-Ordered)

For more serious or repeated breaches, the ABF can apply to the Federal Court:

Penalty Type	Amount
Individual	Up to $79,200 per breach (240 penalty units)
Corporation	Up to $396,000 per breach

These amounts apply per obligation breached - multiple failures compound the exposure.

Flow-On Effects

Your sponsored worker's visa may be cancelled under paragraph 116(1)(g) if the sponsorship obligation breach relates to employment conditions
Workers who lose their sponsor have up to 180 days to find a new sponsor or depart Australia - see our guide on what happens when an employer sponsor goes bust
Your organisation cannot sponsor replacement workers while barred

CAUTION

Under the Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025, the Minister's power to cancel SID visas when sponsorship obligations are breached was expanded. This means even minor notification failures can cascade into visa cancellations for your workers.

How to Notify Home Affairs

You can submit notifications through two channels:

1. ImmiAccount (Recommended)

Log into your organisation's ImmiAccount and complete the "Notification of Sponsor Changes" form. This is the Department's preferred method and creates an auditable record.

2. Email

Send a written notification to sponsor.notifications@abf.gov.au with the following details:

Sponsor's Transaction Reference Number (TRN)
Sponsored worker's visa details
Nature of the change
Date the change occurred

TIP

Always use ImmiAccount for your records. Email notifications do not generate automatic acknowledgements, making it harder to prove you notified within the 28-day window if a compliance audit occurs.

Employer Compliance Checklist

Use this checklist to protect your sponsorship status:

Assign a notification contact - designate one person (or team) responsible for monitoring changes and submitting notifications
Set calendar reminders - when any notifiable event occurs, diarise the 28-day deadline immediately
Maintain an internal register - track all sponsored workers, their nominated positions, salaries, and work locations
Review employment contracts - ensure employment terms match the nomination approval (salary, hours, duties, location)
Audit annually - before each financial year, review all active sponsorships against current requirements
Train line managers - ensure managers understand they must escalate role changes, resignations, and restructures to HR or the compliance team immediately
Engage a registered migration agent - for ongoing compliance support, particularly if you sponsor multiple workers across different streams

Your Ongoing Obligations Beyond Notification

The 28-day notification rule is just one piece of the compliance puzzle. If you are new to sponsorship, our guide on how employers become approved sponsors explains the full application process. For an overview of the SID visa framework that replaced the 482, see our complete guide to the Skills in Demand visa.

As an approved sponsor, you must also:

Obligation	Key Requirement
Equivalent terms and conditions (Reg 2.79)	Pay at least the salary stated in the nomination and provide conditions no less favourable than an equivalent Australian worker
Salary threshold	Meet the applicable income threshold - currently CSIT $76,515 or SSIT $141,210 for SID visa nominations
SAF Levy	Pay the Skilling Australians Fund levy ($1,200-$1,800/year for temporary visas)
Record keeping	Maintain employment records and produce them on request
Cooperation with inspectors	Allow ABF or Department inspectors access for compliance monitoring
No cost recovery	Do not recover sponsorship costs (SAF levy, migration agent fees, recruitment costs) from the worker

Salary thresholds are current as of March 2026 and are subject to change. The next adjustment is expected on 1 July 2026.

How First Migration Can Help

Sponsor compliance is not a set-and-forget exercise - it requires ongoing attention to changing regulations and proactive management of your obligations. At First Migration Service Centre, we help employers:

Set up compliance systems to track notification deadlines and sponsored worker details
Review existing sponsorships for potential breaches before the Department finds them
Manage nominations and sponsor applications through the employer-sponsored visa pathway
Respond to compliance notices and ABF enquiries

Concerned about your compliance status? Submit a free employer assessment and our registered migration agents will review your sponsorship obligations.