The Standard Business Sponsorship (SBS) is a legal requirement for Australian employers who wish to sponsor skilled overseas workers on temporary visas. By becoming an approved sponsor, Australian businesses can address skill shortages and bring foreign workers to Australia under temporary visa programs such as the Temporary Skill Shortage Visa (Subclass 482), the Training Visa (Subclass 407), and the Temporary Activity Visa (Subclass 408).
Key Features of Standard Business Sponsorship
- Sponsor Overseas Workers: SBS allows Australian businesses to nominate skilled foreign workers for specific visa categories.
- Multiple Visa Sponsorships: Once approved, businesses can nominate workers for any of the covered visas for the duration of the sponsorship approval.
- Valid for 5 Years: Approved SBS status is valid for 5 years, during which time businesses can nominate multiple employees for temporary skilled visas.
- Visa Types: You can sponsor workers under the Subclass 482 (TSS Visa), Subclass 407 (Training Visa), and Subclass 408 (Temporary Activity Visa).
- Ongoing Obligations: Sponsors must meet certain legal obligations, such as providing fair working conditions and maintaining compliance with Australian immigration and workplace laws.
Eligibility Requirements for Standard Business Sponsorship
To become a Standard Business Sponsor, your business must meet the following eligibility criteria:
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Legally Operating Business
The business must be a lawfully operating business in Australia. This includes:
- ABN Registration: The business must be registered for an Australian Business Number (ABN).
- Financial Viability: The business should provide evidence that it is financially stable and able to meet its sponsorship obligations, such as tax returns, profit and loss statements, and balance sheets.
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Need for Overseas Workers
The business must demonstrate a genuine need to hire overseas workers because:
- Labor Market Testing (LMT): For Subclass 482 (TSS Visa) nominations, the employer must prove that they have attempted to hire local Australian workers before nominating a foreign worker.
- Skills Shortage: The nominated position must require specialized skills that are not readily available in the local labor market.
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Compliance with Australian Laws
The business must:
- Meet Australian Workplace Standards: Ensure that overseas workers receive the same or better wages and conditions as Australian workers in comparable roles.
- Follow Sponsorship Obligations: Comply with all sponsorship obligations, including reporting changes in the employment terms of the sponsored worker.
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Good Standing
The business must not have a history of violating Australian immigration or workplace laws, which could lead to sponsorship being denied or revoked.
How to Apply for Standard Business Sponsorship
The application process for Standard Business Sponsorship includes several steps, ensuring that the business is compliant with both immigration and labor laws:
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Submit the Sponsorship Application
Lodge an online application for Standard Business Sponsorship via ImmiAccount. You will need to provide detailed information about your business, including its structure, financial viability, and reasons for needing overseas workers.
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Provide Supporting Documents
The application must be supported with documents such as:
- Business registration documents (e.g., ABN, ACN).
- Financial records, such as tax returns, profit and loss statements, and bank statements.
- Labor Market Testing evidence (if applicable) to demonstrate efforts to recruit local workers.
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Await Approval
Once your application is lodged, the Department of Home Affairs will assess it. The processing time typically ranges from 1 to 2 months. If approved, your business will become an approved Standard Business Sponsor.
Nomination for Specific Visas (Subclass 482, 407, and 408)
Once approved as a Standard Business Sponsor, the business can nominate foreign workers for specific temporary visas. The nomination process varies depending on the visa subclass:
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Temporary Skill Shortage (TSS) Visa (Subclass 482)
- Occupation List: The nominated position must be on the Short-Term Skilled Occupation List (STSOL) or the Medium and Long-Term Strategic Skills List (MLTSSL).
- Labor Market Testing (LMT): You must prove that you advertised the job locally to find Australian workers before nominating an overseas worker (some exemptions apply).
- Salary and Conditions: The foreign worker’s salary must meet the Temporary Skilled Migration Income Threshold (TSMIT) and be aligned with Australian market standards for similar roles.
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Training Visa (Subclass 407)
- Training Program: You must provide a detailed training plan that outlines the structured workplace training or professional development that the foreign worker will undertake.
- Occupation Relevance: The training must be directly related to the worker’s occupation or field of expertise.
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Temporary Activity Visa (Subclass 408)
- Specific Short-Term Activity: You must specify the short-term activity that the foreign worker will participate in, such as research, cultural exchange, or working on a particular event.
- Duration: The visa is ideal for short-term professional or cultural engagements that require a temporary presence in Australia.
Sponsorship Obligations
When applying for Standard Business Sponsorship, you will need to provide the following documents:
- Business Registration Documents:
- ABN, ACN, and details of business structure.
- Financial Records:
- Tax returns, profit and loss statements, and balance sheets to demonstrate financial viability.
- Labor Market Testing Evidence (if required for Subclass 482):
- Job advertisements or other evidence showing attempts to recruit local workers.
- Training Plan (if applying for Subclass 407):
- Detailed plans outlining the training or professional development to be provided to the nominated worker.
- Nomination Documents:
- For Subclass 482, 407, or 408 visas, provide employment contracts, job descriptions, and salary details for the nominated workers.
Required Documents for Standard Business Sponsorship
When applying for Standard Business Sponsorship, you will need to provide the following documents:
- Business Registration Documents:
- ABN, ACN, and details of business structure.
- Financial Records:
- Tax returns, profit and loss statements, and balance sheets to demonstrate financial viability.
- Labor Market Testing Evidence (if required for Subclass 482):
- Job advertisements or other evidence showing attempts to recruit local workers.
- Training Plan (if applying for Subclass 407):
- Detailed plans outlining the training or professional development to be provided to the nominated worker.
- Nomination Documents:
- For Subclass 482, 407, or 408 visas, provide employment contracts, job descriptions, and salary details for the nominated workers.
Sponsorship Obligations
As a Standard Business Sponsor, you must meet ongoing obligations, including:
- Paying Fair Wages: Sponsored workers must be paid at least the market salary rate or above the Temporary Skilled Migration Income Threshold (TSMIT).
- Workplace Rights: Sponsored workers must be treated fairly, with the same working conditions as Australian employees in equivalent positions.
- Notify the Department of Home Affairs: Sponsors must inform the Department of Home Affairs of any changes to the worker’s employment, such as termination or changes to their job duties.
- No Recovery of Costs: Sponsors must not pass on the cost of visa application fees or sponsorship costs to the sponsored worker.
Failure to meet these obligations can result in penalties, sponsorship cancellation, or legal action.
Required Documentation for a Bridging Visa
When applying for a Bridging Visa, you will generally need to provide the following documents:
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Proof of Identity:
- Passport or national ID card (certified copies).
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Proof of Substantive Visa Application:
- Evidence of the substantive visa application, such as a visa application receipt.
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Financial Hardship Evidence (for work rights):
- Bank statements, employment records, and other evidence showing financial hardship if applying for work rights.
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Travel Justification (for Bridging Visa B):
- Proof of the need for temporary overseas travel, such as medical reasons or family emergencies.
How We Can Help
At A Square Migration Services, we assist businesses with the Standard Business Sponsorship process, from the initial application to nominating skilled workers. Our services include:
- Eligibility Assessment: We help determine if your business meets the requirements for Standard Business Sponsorship.
- Document Preparation: We assist in gathering all necessary documentation to ensure your application is complete.
- Application Lodgment: We help you submit your Standard Business Sponsorship application and guide you through the nomination process for Subclass 482, 407, or 408 visas.
- Compliance Assistance: We provide ongoing support to ensure your business remains compliant with sponsorship obligations.
Sponsor Skilled Workers and Grow Your Business
The Standard Business Sponsorship enables Australian businesses to address labor shortages and bring skilled foreign workers to fill critical roles. At A Square Migration Services, we guide you through the entire sponsorship process, helping your business expand with the right talent.
Contact us today to begin your Standard Business Sponsorship application and bring the skills you need to your business!