Hartman Immigration Lawyers has extensive experience assisting businesses to obtain sponsorship. We can help your business become a Temporary Skill Shortage (TSS)(subclass 482) business sponsor to ensure that it is able to retain and employ the skilled personnel it needs to succeed.
We provide assistance to varied Australian and global businesses (from publicly listed to startups) in registering and maintaining TSS business sponsorships. We have experience providing advice and obtaining sponsorship for businesses of varying structures, including companies, partnerships, trusts and sole traders across a large range of industries.
We guide businesses efficiently and effectively through the TSS sponsorship process.
In order to be approved as a standard business sponsor a business must meet a number of key criteria, including that they:
- are lawfully operating a business. Evidence that the business is actually operating must be provided;
- meet the Department of Immigration’s training benchmarks (or if the business has traded for less than 12 months, it must have an auditable plan to meet these benchmark). This essentially requires the business to commit a certain percentage of the payroll of the business to training;
- are able to demonstrate a commitment to employing local labour and must not engage in discriminatory recruitment practices (ie discrimination based on immigration status or citizenship); and
- there is no adverse information known about the business or any person associated with the business.
If the business is not already operating in Australia, it must be able to show that there is a need for a skilled worker to:
- come to Australia to establish, or help establish, a business operation with connections with a business located outside Australia; or
- fulfil, or help in fulfilling, a contractual obligation.
For overseas business sponsors, it is not necessary to meet training requirements.
Duration of sponsorship
A business sponsorship is approved for a specified time period of five years. Registering as a sponsor enables a business to sponsor an unlimited number of skilled overseas workers throughout the duration of the sponsorship.
Businesses can also apply to extend their sponsorship.
There are a number of obligations which come with being a business sponsor, including obligations:
- to co-operate with inspectors;
- to offer equivalent terms and conditions of employment that would be offered to an Australian;
- to pay travel costs to enable the sponsored person and their family members to leave Australia
- to ensure the sponsored person only works in the nominated occupation
- not to do anything that would have the effect of another person paying any of the costs associated with the business becoming a sponsor or recruiting the proposed visa holder (ie the business must bear all associated costs of sponsorship, including administrative costs such as recruitment and background checks of applicants); and
- keep records of their compliance with these obligations.
There are significant penalties for businesses who fail to comply with their sponsorship obligations. At Hartman Immigration Lawyers we can provide you with guidance to ensure that your business is able to meet its sponsorship obligations.