482 TSS Visa Sponsorship
An application for a sponsorship (known as a Standard Business Sponsorship) requires a prospective employer to be lawfully operating a business, whether in or outside Australia. This requirement prevents shelf companies from becoming a sponsor for visa purposes.
Company Types to be a Sponsor
The sponsoring entity can be in one of the following forms and structures:
- Sole trader;
- Company, whether proprietary and public;
- Government departments and statutory authority;
- Non-profit organization; and
- Educational institution.
The precise identity of the sponsoring entity can be quite complex, and many provisions may operate differently depending on the type of forms and structures.
Self-sponsorship may be permitted in extremely limited circumstances, and a sole trader cannot sponsor him or herself.
Sponsors must be operating a business, either in or outside Australia. If an SBS applicant has only been operating a business outside Australia, the SBS application is only approved where they have established an Australian business or finalized the contractual arrangement to fulfil the necessary contractual obligations.
Business Legally Established and Operating
To satisfy this criterion, a SBS applicant must demonstrate that their business is both “legally established” and “operating”.
A business must be legally registered within the jurisdiction in which it operates. This includes the laws of Australia’s states and territories, as well as foreign laws where business operations are undertaken outside of Australia.
For Australian businesses, this criterion is generally accepted with the following evidence:
- ABN Registration
- Business name registration (where applicable)
- ACN (for Australian companies)
- ARBN (for foreign companies and registrable Australian bodies)
- Trust Deed listing the parties to the trust
- Franchise agreement
It is expected that a business in active operation maintains a system of record keeping, and the types of evidence accepted in relation to this criterion is broad. Most acceptable forms of evidence will constitute financial documentation, such as:
- Business Activity Statements
- Lease Agreements
- Business Plans
- Profit and Loss Statements
- Tax Returns
Duration of SBS Approval
The duration of a SBS approval is referred to as the “sponsorship period”. This sponsorship period is usually 5 years during which multiple workers can be sponsored for the visas.
A business can apply to be an “accredited sponsor” as part of their initial sponsorship or renewal applications. This status provides the employer with the priority processing of all nominations and visa applications associated therewith. It may however be revoked at any stage if it is found that it has not maintained the characteristics required, or if they declare that they no longer meet these characteristics in their renewal application.
Sponsors are imposed ongoing obligations and conditions with which they must comply. Failure to comply with these obligations and conditions may result in cancellation of their sponsorship status, significant civil penalties or administrative sanctions. Such obligations including:
- Cooperating with Inspectors who are appointed under section 140V, and exercising powers under the Migration Act;
- Ensuring equivalent terms and conditions of employment of a sponsored person and those of an equivalent Australian worker;
- Paying travel costs to enable sponsored persons to leave Australia and keep records of any request to pay travel costs, as well as evidence of compliance therewith;
- Reimbursing the Commonwealth to locate and remove an unlawful non-citizen for whom the employer was a sponsor;
- Providing records and information in relation to reimbursement of travel costs to the Minister in on request and maintain said records for 2 years after sponsorship approval lapses;
- Providing information to the Department when certain events occur, such as termination or variation of a sponsored person’s employment;
- Ensuring that the primary sponsored person works in the nominated occupation only;
- Not taking actions that would result in another person paying for certain costs, including migration agent or solicitor assistance; and
- Not acting in a discriminatory manner in relation to one’s recruitment practices.
How to sponsor a foreign worker for a visa?
You would first have to apply to a standard business sponsor and nominate a foreign worker. After these two (2) applications are lodged, the foreign worker may apply for a visa for which they have been nominated. Depending on their location, a bridging visa may be issued whilst waiting for the visa application. The visa applicant may also include their dependent family members in the visa application.
How to sponsor an international student?
The same rules will apply to sponsoring an international student. The employer must apply to be a standard business sponsor and nominate an occupation relevant to their enterprise. With these applications having been made prior, the visa application may then be lodged. Until this employer sponsored visa is granted, the international student must comply with their visa conditions applicable to their student visa.
Sponsorship Application Charge
TSS (Subclass 482) Visa
Australian Employer Sponsored Visa
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