Are you looking to sponsor a foreign worker for a Subclass 482 work visa?
One crucial step in this journey is becoming a standard business sponsor, a designation that allows entities to sponsor overseas employees for temporary (Subclass 482) and permanent work visas (Subclass 186). But what types of entities are eligible to become standard business sponsors? Let's explore this in detail.
Eligibility Criteria for Standard Business Sponsors
To become a standard business sponsor, entities must meet specific requirements set by the Department of Home Affairs. The eligibility criteria ensure that the sponsoring entity is legitimate, operating, and capable of fulfilling sponsorship obligations. Here are the primary types of entities that can apply:
1. Legally Established and Actively Operating Businesses
The most common type of entity eligible to become a standard business sponsor is a legally established, actively operating business. This category includes:
- Corporations: Both public and private companies registered with the Australian Securities and Investments Commission (ASIC).
- Sole Traders: Individual business owners who have an Australian Business Number (ABN).
- Partnerships: Business partnerships registered and operating with an ABN.
- Trusts: Trusts operating businesses with trustees holding an ABN.
2. Non-Profit Organisations
Non-profit organisations, including charities and non-governmental organisations (NGOs), can also become standard business sponsors. These entities must be registered and operating actively within their designated fields. Examples include:
- Charitable Trusts
- Incorporated Associations
- NGOs
3. Government Agencies
Government agencies at the federal, state, and local levels are inherently eligible to become standard business sponsors. These agencies often sponsor employees for roles critical to public administration and services.
4. Educational Institutions
Educational institutions, including universities, TAFEs, and registered training organisations (RTOs), can become standard business sponsors. These institutions often sponsor academic staff, researchers, and specialised administrative roles.
5. Religious Institutions
Religious institutions and organisations can also apply for standard business sponsorship to bring in clergy and other religious workers. These entities must be registered and demonstrate active operation.
Sponsorship Obligations
Becoming a standard business sponsor comes with a set of obligations designed to protect the rights of sponsored workers and ensure compliance with Australian laws.
These obligations include:
- Ensuring the Sponsored Person Works in the Nominated Role: The sponsor must ensure that the sponsored employee works only in the occupation specified in their visa application.
- Paying Equivalent Terms and Conditions of Employment: The sponsor must provide terms and conditions of employment that are no less favourable than those provided to Australian citizens or permanent residents performing similar work.
- Monitoring and Reporting: Sponsors are required to keep records and provide information to the Department of Home Affairs upon request. They must also notify the Department of any changes in the circumstances of the sponsored employee, such as changes in employment status or duties.
- Covering Travel Costs: If requested, the sponsor must cover the cost of return travel for the sponsored employee and their family members if the employee ceases to work for the sponsor.
Please review the full sponsorship obligations here.
Becoming a standard business sponsor is a vital step for businesses and organisations looking to access skilled workers from overseas. The process ensures that only legitimate, actively operating entities can sponsor workers, thus safeguarding both the interests of the workers and the integrity of the Australian workforce.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping partners, graduates, and professionals navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with your Subclass 482 Work Visa application or have any other immigration-related queries, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written by Ines Jusufspahic, LPN: 5511366
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.