Ruby's employee resigned out of nowhere. She had 28 days to get it right.
It was a normal Tuesday when Ruby got the resignation email. Her sponsored employee was leaving within the fortnight.
Ruby had 28 days to notify the Department, with zero room for mistakes.
When a Sponsored Worker Walks Away
It was a normal Tuesday when Ruby got the resignation email. No warning, no notice period discussion: her sponsored employee had accepted a role elsewhere and was leaving within the fortnight. Ruby's first instinct was relief that the transition would be smooth. Her second thought was less comfortable: what was she actually required to do now, as the sponsor?
She sat down and worked through it properly. Missing the 28-day notification window can put your standard business sponsorship approval at serious risk.
What You Must Know When Employment Ceases:
1. Notify the Department Within 28 Days of Employment Ending
This is a strict legal requirement. The clock starts the exact day employment ceases, regardless of whether the departure was amicable or unexpected.
Must submit formal notification through ImmiAccount within 28 calendar days
State exact cessation date, employee details, and reason for departure
2. Sponsorship Obligations Continue Even After They Leave
Ruby realised her legal responsibilities as an approved sponsor didn't just switch off the day her employee walked out the door.
Recordkeeping obligations apply (retain employment contracts, payroll, and cessation notice)
Obligation to pay return travel costs if requested in writing by worker or Department
3. The Visa Doesn't Instantly End, But Work Rights May Be Affected
Ruby wanted to make sure her former employee understood their legal standing clearly.
Cessation of employment does not automatically cancel the visa on day one
However, their ability to work for another business without an approved nomination is restricted
4. Limited Period to Find a New Sponsor, Switch Visas, or Depart
Ruby flagged this directly with her employee: time mattered, and waiting around was not a safe option.
Worker must lodge a new nomination with a new sponsor within statutory grace period
Alternatively, lodge a different substantive visa or arrange departure from Australia
5. Missing the 28-Day Window Puts Your Sponsorship at Risk
Looming over all of it was one clear warning that Ruby wasn't willing to gamble her business standing over.
Failing to report within 28 days can trigger compliance monitoring and civil penalties
Risk of sponsorship cancellation or bar from sponsoring future skilled talent
How Ruby Protected Her Business Standing
Ruby Acted Immediately:
Notified the Department within the 28-day window via ImmiAccount
Documented the resignation, final pay, and notification clearly
Had an honest conversation with her former employee about their options going forward
Zero Risk to Sponsorship Standing
So she acted immediately: notified the Department within the window, documented the resignation and the notification clearly, and had an honest conversation with her former employee about their options going forward. No delays, no confusion, no risk to her sponsorship.
Ruby lodged the notification within the 28-day window: full sponsorship compliance maintained with zero penalties.
100% Compliant
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Disclaimer: This story is provided for illustrative and educational purposes only to help explain Australian migration law; it does not constitute legal or migration advice.
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