Standard Business Sponsorship
Standard Business Sponsorship is required in order to nominate workers under the Temporary Skill Shortage visa (subclass 482) scheme, as well as the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494) program.
To be eligible for sponsorship, a business must be legally established and currently operating. The business may be based onshore or, in certain cases, outside of Australia.
Businesses applying for sponsorship must have a demonstrated commitment to employing Australian citizens and permanent residents. Sponsors must also declare that the business will not engage in discriminatory recruitment practices.
Should the Department be aware of any adverse information implicating the business or an associate of the business that impacts the business’ suitability to become a sponsor, the application for Standard Business Sponsorship may be refused.
Standard Business Sponsorship Obligations
Obligations imposed on Standard Business Sponsors include the following:
- Obligation to inform the Department of certain events within 28 calendar days, including the cessation of a sponsored visa holder’s employment, amongst others
- Ensure that sponsored visa holders work in the nominated occupation only
- Ensure that sponsored visa holders are employed under the terms and conditions indicated on the nomination application, including annual earnings
- Not engage in discriminatory recruitment practices
- Keep records and provide records and information on request of the Department
- Assume complete responsibility for the costs of becoming a sponsor, nomination charges, SAF levy and legal costs associated with sponsorship and nomination application, and not transfer these to third parties
- Pay reasonable and necessary travel costs to allow the sponsored worker (and any sponsored family members) leave Australia, if requested
- If a sponsored employee becomes unlawful, pay costs for their location and removal from Australia (this extends to any sponsored family members)
- Cooperate with inspectors appointed under the Migration Act 1958.
It is not possible for a sponsor to contract out of these obligations, some of which apply beyond the term of the relevant visa approval and, in certain instances, sponsorship approval. Non -compliance may result in sanctions, including a sponsorship bar, refusal of further applications and cancelling existing approvals. The Department may also request that the sponsor enter an enforceable undertaking or commence civil proceedings against the sponsor. These aspects are discussed further under the heading Compliance.
We have experience in securing sponsorship agreements for all kinds of organisations, from publicly listed companies to individual business owners with one employee to overseas companies seeking to operate in Australia. Our professional services include the preparation of the sponsorship application and management of the process, including advice on criteria, risks, sponsorship obligations and compliance. To discuss how we can assist you, please click here to contact Visa Lawyers Australia.
Temporary Activities Sponsorship
In order to invite a person to travel to Australia on a Training visa (subclass 407) or Temporary Activity visa (subclass 408) for a period of more than 3 months, the host organisation must be approved as a Temporary Activities Sponsor. To be eligible for sponsorship, the organisation must:
- Have the ability to meet sponsorship obligations
- Possess a good operating record with no adverse information
- Obey Australian laws
- Be an Australian organisation lawfully established and operating in Australia or be an Australian government agency or a foreign government agency lawfully operating in Australia
Temporary Activities Sponsorship Obligations
Obligations which Temporary Activity Sponsors are subject to include the following:
- Obligation to inform the Department of certain events within 28 calendar days, including the sponsored visa holder’s failure to undertake the prescribed activity for which the visa was granted, amongst others
- Keep records and provide records and information on request of the Department
- Not recover, charge or transfer prescribed costs
- If a sponsored person becomes unlawful, pay costs for their location and removal from Australia (this extends to any sponsored family members)
- Cooperate with inspectors appointed under the Migration Act 1958.
In addition to the above, under some temporary activity streams, sponsors will have the obligation to:
- Pay reasonable and necessary travel costs to let the sponsored visa holder leave Australia, if requested
- Ensure that visa holders undertake the program or activity described in their application
- Secure an offer of a reasonable standard of accommodation for the visa holder.
To discuss how we can assist you with advice, as well as in preparing and lodging a sponsorship application, please click here to contact Visa Lawyers Australia