Standard Business Sponsorship
Employers throughout Australia are struggling in recruiting skilled staff from within the Australian labour market and are now seeking to sponsor qualified and experienced employees from overseas.
Once a Sponsorship has been approved, the company is able to nominate positions to be filled by overseas skilled employees and the employees are able to apply for a Visa. Australia offers several visa options for employers to sponsor overseas skilled workers, each suited to different business needs and durations of employment. Employers can choose from temporary and permanent sponsorship pathways, with varying requirements and obligations.
There are several visa options that allow businesses to sponsor overseas residents or to sponsor temporary overseas residents who might already be in Australia working, studying or visiting.
Employees can be sponsored under:
- Temporary Skill Shortage (TSS) Visa Subclass 482
- Temporary Work (Short Stay Specialist) visa (subclass 400)
- Employer Nomination Scheme (ENS)
- Employer Nomination Regional Visa Subclass 494
- Temporary Activity Visa Subclass 408
Your company may also wish to apply for accredited status as this has significant benefits.
Standard Business Sponsorship Requirements
There are a number of requirements for a company to become a standard business sponsor which include:
- Legally establish and actively established business structure. Your business must be legally established and currently operating in Australia
- Financially Viable: You must demonstrate that your business is financially sound and capable of meeting its sponsorship obligations, including paying the sponsored employee’s salary and superannuation contributions
- Compliance with Australian Laws: Your business must comply with all Australian laws, including workplace and immigration laws
- No Adverse Information: There should be no adverse information about your business or associated individuals that could affect your suitability as a sponsor
Sponsorship Period of Validity
Once approved, the Standard Business Sponsorship is valid for five years. During this period, you can nominate and sponsor overseas workers under the TSS 482 visa program. It’s important to adhere to all sponsorship obligations, such as ensuring equivalent terms and conditions of employment for sponsored workers and notifying the Department of Home Affairs of any significant changes.
Employer Sponsorship Obligations
Approved standard business sponsors are required to meet a number of sponsorship obligations to prevent exploitation of overseas workers.
These obligations include the following:
- Obligation to ensure equivalent terms and conditions of employment as those provided to Australian employees;
- Obligation to pay travel costs to enable sponsored persons to leave Australia when the visa validity expires
- Keep and maintain record of employment for the TSS 482 visa holder
- Ensure the sponsored TSS 482 visa worker does not perform duties other than those of the nominated occupation
- Notify the Department of Home Affairs when certain events occur such as a change of the sponsor’s business address, a change in the work duties carried out by the sponsored employee and the cessation of the sponsored employee’s employment;
- Obligation not to recover certain costs from sponsored employees and their family members such as visa application costs;
- Co-operate with the Department when requested for checks on compliance
- Notify the Department of Home Affairs when there is a change of Directors
Overview
Australian business sponsorship options provide a pathway to address skills shortages while ensuring fair and legal employment practices. Understanding the differences between visa subclasses and sponsorship requirements helps businesses select the most appropriate option. If you’re considering sponsoring an overseas worker, consulting with an experienced migration agent can streamline the process and ensure compliance.
Before any immigration advice can be provided, we must hold an initial consultation which will attract a fee commencing from $385.
