Do I have to notify Home Affairs?
The latest COVID-19 update for businesses is in the picture.
What does it mean?
Nothing has changed. The notification rules are the same as they were.
You may need to notify Home Affairs about some things that are happening due to COVID-19. Below are 3 things you must notify Home Affairs about, and 3 you may not.
Yes, notify…
Business closure – if you are going out of business, going into bankruptcy or liquidation it is likely you will need to notify Home Affairs. Get legal advice.
- Termination of employment – if sponsored staff cease employment with your organization Home Affairs must be notified.
- Change of duties for sponsored staff – ensure sponsored visa holders continue to do the job approved by Immigration. Significant changes to their role must be approved before implemented. Get legal advice.
Probably not…
Temporary business closure – where you are expecting to be able to reopen once restrictions lift, this is not on the list of things about which you must notify Home Affairs.
- Unpaid leave – if you are forced to place staff on unpaid leave during the COVID-19 closures that is not something you need to notify Home Affairs about.
- Reduced Hours – probably not something you need to notify Home Affairs about, but be cautious, you are still required to pay sponsored-staff the same as you would pay Australian staff. So if you are reducing the hours of some staff but not others, get legal advice.
My advice to employers is here.
Get legal advice promptly to know if you have an obligation to notify Home Affairs. In most cases you only have 28 days to notify Home Affairs from the day the event occurs.
This post is not legal advice; it is intended to prompt you to seek legal advice about your case.
