OVERSEAS BUSINESS SPONSORSHIP FOR THE TSS 482 VISA
Can an overseas business become a sponsor for Australian work visas?
In Australia, there are two types of Standard Business Sponsorships. The most common one is the Australian Business Sponsorship while the other one is the Overseas Business Sponsorship for international businesses. International businesses from overseas which do not have operations in Australia have the option to sponsor employees on the TSS 482 visa program to meet their business needs. When assessing the lawfulness of overseas business, the businesses need to demonstrate to the Department of Home Affairs that they are legally established under the relevant laws of the country in which they operate, which means that, if there is a business registration system under the laws of the home country, it is expected that the business would be registered in accordance with those laws and requirements. Applicants who operate a business in their home country without registration in a situation where there is provision for this would not be considered as meeting the “lawful” component of the ‘lawfully operating a business’ criterion. The overseas business sponsorship, once approved, is issued for 5 years, and allows the businesses to nominate foreign workers for a TSS visa (subclass 482) for either 2 or 4 years depending on the nominated occupation.
When can an overseas business sponsor people to work in Australia?
The Department of Home Affairs may require the business applicant to provide evidence that demonstrates their purpose for seeking approval as a SBS is to:
- enable the sponsoring of 482 TSS visa holders/applicants, who will establish, or assist in establishing, on the applicant’s behalf a business operation in Australia with overseas connections; or
- fulfil or assist in fulfilling a contractual obligation for the applicant.
Examples of types of evidence that may be considered by the decision maker include, but are not limited to:
- a company or business expansion plan;
- a joint venture agreement between standard business sponsorship applicant and party in Australia; or
- a contract between standard business sponsorship applicant and a party in Australia.
What if the international business has registered an Australian business entity?
- If an overseas business registered in Australia (refer to Assessment of ‘lawfulness’ – Australian business in relation to ARBN and ABN) is in fact also operating a business in Australia, it would be appropriate for the Australian registered entity of that overseas business to be the applicant for SBS approval.
- If an overseas business is registered in Australia with an ARBN and/or ABN, but there is no other evidence that they are actually operating in Australia, that is, all the supporting documentation points to the business operation being undertaken exclusively outside Australia, it is appropriate for the overseas business to be the applicant for SBS approval.
How long is the Overseas Business Sponsorship if approved?
The Overseas Business Sponsorship, once approved, is issued for 5 years, and allows the overseas businesses to nominate foreign workers for a TSS visa (subclass 482) for either 2 or 4 years depending on the nominated occupation. The following is a comparison of the terms of approval of sponsorship
|Type of sponsor||Start date of new sponsorship period||Cease date of new sponsorship period|
|Australian Business Sponsor||The day on which the approval is granted, unless the person is already a SBS sponsor, in which case it starts immediately after their earlier SBS approval ends.||5 years after the day on which the approval is granted.|
|Overseas Business Sponsor||The day on which the approval is granted.||5 years after the day on which the approval is granted or immediately after a subsequent approval is granted.|
Our Business Sponsorship Service
As part of our services, we will assess the eligibility of the application for a standard business sponsorship and provide you with detailed advice on your business’ chances of success. If our services are engaged, we will guide you through the entire process, from collating and gathering the required documents, preparing your application, liaising with the Department of Home Affairs and relevant third parties as necessary and finally, lodging the application. Ausdirect Migration can also assist in the event that the Department requests further information or the circumstances of your business change. As soon as an outcome is received, you will be notified and reminded of your obligations as a sponsor moving forward.