Project Description

Become a sponsor – Standard Business Sponsorship(SBS)

When you become a standard business sponsor, you can sponsor someone to work for you on a:

  • Temporary Skill Shortage visa (subclass 482)
  • Skilled Employer Sponsored Regional (Provisional) visa (subclass 494)

482 Temporary Skill Shortage visa visa lets an employer sponsor a suitably skilled worker to fill a position they can’t find a suitably skilled Australian to fill. Temporary Skill Shortage visa 482 enables employers to address labour shortages by bringing in skilled workers where employers can’t source an appropriately skilled Australian worker. TSS visa applicants are required to have worked in the nominated occupation, or a related field, for at least two years to be eligible for a TSS visa. This means if you have recently graduated with a relevant Bachelor degree from an Australian university you would generally not qualify for the TSS visa unless you have completed another qualification overseas and have 2 years of experience after that qualification. TSS visa applicants must also meet the ANZSCO Skill Level requirement of your occupation

ARE YOU AN APPLICANT?

Temporary Skill Shortage (TSS) Visa – Subclass 482- Employers

From 18 March 2018, the 457 visa was abolished and replaced with the TSS visa (Subclass 482). The TSS 482 visa is comprised of a Short-Term stream, Medium-Term stream and Labour agreement stream.

A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work. The business must be a Standard Business Sponsor (SBS) or an Overseas Business Sponsor (OBS) to sponsor you under the TSS visa.

Standard Business Sponsorship (SBS) is a first and required for all businesses, step to employ overseas employee.

Short-term stream – this is for employers to source genuine temporary overseas skilled workers in occupations included on the Short-term Skilled Occupation List (STSOL) for a maximum of two years each time (or up to four years if an international trade obligation applies)
Medium-term stream – this is for employers to source highly skilled overseas workers to fill medium-term critical skills in occupations included on the Medium and Long-term Strategic Skills List (MLTSSL) or the Regional Occupations List (ROL) for up to four years (each time), with eligibility to apply for permanent residence after three years
Labour Agreement stream – this is for employers to source overseas skilled workers in accordance with a labour agreement with the Commonwealth, on the basis of a demonstrated need that cannot be met in the Australian labour market and standard visa programs are not available, with the capacity to negotiate a permanent residence option.

At the time of lodging a TSS nomination application, employers will need to select an employment period of up to:

1 year or 2 years for the short-term stream (unless an international trade obligation applies-up to 4 years); and
1 year, 2 years, 3 years or 4 years for the medium-term or labour agreements stream.

The TSS 482 visa involves a three-step process:

Step 1: a sponsorship application by the employer (the employer needs to be a lawfull, active, operating business and meet local labour and employment practices).

Step 2: The second part of the application process is the nomination application. This is regarding the position to be filled, salary details, efforts to hire Australian workers and the ‘genuineness’ of the position. The business must also be viable to sponsor from overseas.

Step 3: a visa application by the nominated employee. The visa applicant must demonstrate that they meet the skills required for their occupation as well as health and character requirements.

The TSS 482 visa involves a three-step process, Sponsorship for the business is a first step.

Standard Business Sponsorship(SBS) is valid for 5 years from the date it is approved.

Do you have a legally established and currently operating business in Australia (in some cases business can be outside of Australia)?

There is no adverse information regarding your business?

Additional requirements for businesses in Australia including but not limited to:

  • you should have a strong record of, or a demonstrated commitment to, employing local labour
  • you must declare that you will not engage in discriminatory recruitment practices

As an approved business sponsor you are required to follow some rules. To find the full list below. If you have any questions about your obligations as Pacific-Center consultants.

You must inform Pacific Center as your representative, or directly the immigration department, in writing, when certain events occur. You will also find here 482 Sponsor responsibilities.

Examples of things you must let us know about in writing include changes to your:

  • legal name
    trading name
    registration details
    business structure
    ongoing communication contact
    owners, directors, principals or partners
    business address

You must let us know in writing if your business:

  • becomes insolvent or is bankrupt
    goes into receivership, liquidation or administration
    ceases to exist as a legal entity

You must let us know in writing if the person you sponsor:

  • ceases employment with you
    has a change in duties
    did not commence working with you

You must also let us know in writing if there are any changes to how you meet your training obligations.

This obligation starts on the day we approve your standard business sponsorship or the work agreement commences.

This obligation ends two years after:

your sponsorship or the work agreement ends and
you no longer employ a sponsored visa holder
All businesses

Let us know within 28 calendar days if:

the visa holder’s employment ends or is expected to end (the sponsor must tell us if the end date changes)
there are changes to the work duties carried out by the sponsored visa holder
you have paid the return travel costs of a sponsored visa holder or any of their family members in accordance with the obligation to pay return travel costs
you have become insolvent within the meaning of subsections 5 (2) and (3) of the Bankruptcy Act 1966 and section 95A of the Corporations Act 2001
your business ceases to exist as a legal entity
Companies

Let us know within 28 calendar days if a new director is appointed.

Also, let us know within 28 calendar days if an administrator is appointed for the company under Part 5.3A of the Corporations Act 2001:

the company resolves by special resolution to be wound up voluntarily under subsection 491(1) of the Corporations Act 2001
a court has ordered that the company be wound up in insolvency under Part 5.4, or on other grounds under Part 5.4A, of the Corporations Act 2001
a court has appointed an official liquidator to be the provisional liquidator of the company under Part 5.4B of the Corporations Act 2001
a court has approved a compromise or arrangement proposed by the company under Part 5.1 of the Corporations Act 2001
the property of the company becomes subject to a receiver or other controller under Part 5.2 of the Corporations Act 2001
procedures are initiated for the deregistration of the company under Part 5A.1 of the Corporations Act 2001
Individuals

If you operate your business as an individual, let us know within 28 days if:

you enter into a personal insolvency agreement under Part X of the Bankruptcy Act 1966
you enter into a debt agreement under Part IX of the Bankruptcy Act 1966
a sequestration order is made against your estate under Part IV of the Bankruptcy Act 1966
you become a bankrupt by virtue of the presentation of a debtor’s petition under Part IV of the Bankruptcy Act 1966
you present a declaration of intention to present a debtor’s petition under Part IV of the Bankruptcy Act 1966
a composition or scheme of arrangement is presented in relation to you in accordance with Division 6 of Part IV of the Bankruptcy Act 1966
Partnerships

Let us know within 28 calendar days if:

a new partner joins the partnership
any of the events listed for an individual or a company occurs
Unincorporated associations

a new member is appointed to the managing committee of the association
any of the events listed for an individual or a company occurs

You must ensure that your sponsored employee works only in the occupation you nominated them for.

If you want a visa holder to work in a different occupation, lodge a new nomination.

If you are sponsoring them under the Temporary Skill Shortage visa (subclass 482), the employee will also need to apply for and be granted a new visa.

This obligation starts:

on the day we grant the nominee a visa or
on the day the nomination is approved if the nominee is already working for you

This obligation ends on the day (whichever is the earliest):

your employee has a nomination approved for a different approved sponsor
we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa
your employee leaves Australia and their TSS visa (or any subsequent bridging visa) is no longer in effect

If you are a standard business sponsor, you must employ the person you have sponsored under a written contract of employment.

Unless the nominated occupation is exempt, you cannot supply or be involved in recruiting or hiring the sponsored employee to another business unless:

you were lawfully operating a business in Australia when we approved your standard business sponsorship or when the terms of your approval were last varied, and
the business is an associated entity

This obligation ends on the day we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa.

This obligation continues we grant your employee another TSS visa to continue to work for you.

Ensure equivalent terms and conditions of employment

If you are a standard business sponsor:

the annual earnings of the employee must be at least the same as those stated on the nomination application when we approved the application
the employment conditions of the employee must not be less favourable than those of an equivalent Australian worker

Note, this obligation:

applies only if the annual earnings of the employee is less than AUD250,000.
also applies to labour agreement sponsors unless otherwise stated in the labour agreement

This obligation starts the day (whichever is the earliest):

we grant your employee TSS visa or
we approve your nomination if your employee already holds a TSS or subclass 457 visa

This obligation ends the day:

the nominated employee stops working for you or
we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa

This obligation continues we grant your employee another TSS visa to continue to work for you.

Not engage in discriminatory recruitment practices

If you are a standard business sponsor who lawfully operates a business in Australia, you must not engage in, or have not engaged in, discriminatory recruitment practices that adversely affect Australian citizens, or any other person, based on their visa or citizenship status.

Keep records to show that in recruiting a TSS visa holder, you did not discriminate on citizenship or visa status.

Note: This obligation started on 19 April 2016. It is not engaged if discrimination in recruitment decisions is evident on other grounds such as sex, gender, race, social group or pregnancy. These issues are outside the remit of us and should be directed to other relevant agencies, such as the Fair Work Ombudsman or the Australian Human Rights Commission.

Keep records

You must keep records to show your compliance with your sponsorship obligations. All records must be kept in a reproducible format and some must be capable of verification by an independent person. In addition to records kept under other Australian government, and state or territory laws, also keep records of:

written requests for payment of travel costs for the employee or their family, including when the request was received
how and when you paid the travel costs, how much you paid, and who you paid it to
any event you need to report to us, including the date and method of notification and where the notification was provided
tasks performed by the employee in relation to the nominated occupation and where the tasks were performed
earnings paid to the sponsored visa holder (unless the sponsored visa holder earns AUD250,000 or more)
money applied or dealt with in any way on behalf of, or as directed by, the employee (unless the sponsored visa holder earns AUD250,000 or more)
non-monetary benefits provided to the employee. Record the agreed value and the time at which, or the period over which, those benefits were provided (unless the sponsored visa holder earns AUD250,000 or more)
if there is an equivalent worker in your workplace, the terms and conditions of the equivalent worker, including the period over which the terms and conditions apply (unless the sponsored visa holder earns AUD250,000 or more)
the written contract of employment you engage each employee under
how you are complying with the training obligations if you were lawfully operating a business in Australia when we approved your standard business sponsorship or the terms of your approval as a standard business sponsor were varied
the records you need to keep as party to a work agreement, if applicable

This obligation starts the day we approve your sponsorship or the nominee starts work with you.

This obligation ends two years after:

your sponsorship or the work agreement ends and
you no longer employ a sponsored visa holder
Provide records and information

You must provide records or information if requested by a departmental officer. The records or information will be those that:

you are required to keep under Commonwealth, state or territory law
you are obliged to keep as a sponsor

The records and information will be used to determine whether:

a sponsorship obligation is being or has been complied with, and
other circumstances in which the Minister might take administrative action exist or have existed

Provide the records or information in the manner and timeframe requested by us.

This obligation starts on the day we approve your standard business sponsorship or a work agreement starts.

This obligation ends two years after:

your sponsorship or the work agreement ends and
you no longer employ a sponsored visa holder
Assume all costs yourself

You must pay and assume all of the following costs yourself:

cost of becoming a sponsor
nomination charges
migration agent costs associated with sponsorship and nomination applications

You must also pay and assume all costs associated with the recruitment process including:

recruitment agent fees
migration agent fees
advertising
screening, short listing, interviewing and conducting reference checks of candidates
salaries of recruitment or human resource staff
outsourcing background checks, police checks and psychological testing
responding to queries from potential candidates and advising unsuccessful applicants
travelling nationally or internationally to interview and/or meet applicants

You must not, or attempt to, transfer or charge these costs to another person such as a sponsored visa holder or their sponsored family members.

This obligation starts on the day we approve your standard business sponsorship or the work agreement starts.

This obligation ends two years after:

your sponsorship or the work agreement ends and
you no longer employ a sponsored visa holder
Pay travel costs

You must pay reasonable and necessary travel costs to let the sponsored employee and their sponsored family members, leave Australia.

We consider all of these costs to be reasonable and necessary:

travel from the employee’s usual place of residence in Australia to their departure point from Australia
travel from Australia to the country for which the employee holds a passport and intends to travel to
economy class air travel or reasonable equivalent

To pay travel costs, a written request for payment must be made by:

the sponsored employee or
The Department of Home Affairs on behalf of the sponsored employee

Travel costs must be paid within 30 days of receiving the request.

Pay travel costs once only. If, after paying travel costs your employee returns to Australia holding the visa for which you sponsored them, you don’t have to pay their travel costs again.

This obligation starts on the day (whichever is earliest):

we grant the visa
we approve your nomination if the nominee held a TSS visa on that day

This obligation ends on the day (whichever is the earliest):

your employee has a nomination approved for a different approved sponsor
we grant your employee a visa that is not a TSS, bridging, criminal justice or enforcement visa
your employee leaves Australia and their TSS visa (or any subsequent bridging visa) is no longer in effect
Pay costs to locate and remove an unlawful non-citizen

If your sponsored employee or any of their sponsored family members becomes an unlawful non-citizen, you might have to repay the costs incurred by the Commonwealth in relocating and/or removing them from Australia.

If required, you must pay the difference between the actual costs incurred by the Commonwealth (up to a maximum of AUD10,000) less costs you might have already paid under your obligation to pay travel costs to enable sponsored people to leave Australia.

This obligation starts on the day your sponsored employee or family member becomes an unlawful non-citizen.

The obligation ends five years after they leave Australia. That is, we might require payment up to five years after your sponsored employee left Australia.

Cooperate with inspectors

Inspectors are appointed under the Migration Act 1958 (the Act) to investigate whether:

your sponsorship obligations are being, or have been, complied with
you have hired an illegal worker
there are other circumstances in which we could take administrative action

You must cooperate with inspectors by:

providing access to your premises, any person on your premises
producing and providing documents within a requested timeframe
complying with any other request made by an inspector

This obligation:

starts on the day sponsorship is approved or the visa applicant starts work in the nominated position
ends five years after the day the approved sponsorship ends or the applicant stops working for you

Sponsorship obligations for Standard business.

Nomination is a step 2 in TSS 482 visa process

Nomination is regarding the position to be filled, salary details, efforts to hire Australian workers and the ‘genuineness’ of the position. The business must also be viable to sponsor from overseas.

The following are the key requirements which must be satisfied in order for a business to nominate an occupation for the purposes of a TSS visa (482 visa). There are other requirements depending on individual circumstances however these are the key relevant requirements for most businesses:

  • The business must be an approved standard business sponsor or a party to a labour agreement.
  • The occupation must be on the Short-Term Skilled Occupation List or the Medium and Long-Term Strategic Skills List and the nominated occupation must correspond to the occupation specified in those lists.
  • The terms and conditions of employment for the proposed 482 visa holder must be no less favourable than the terms and conditions which are provided, or which would be provided, to Australian citizens and permanent residents for performing the same work at the same location (which includes paying market salary rate salary).
  • The market salary rate must be greater than the temporary skilled migration income threshold (TSMIT).
  • The position associated with the nominated occupation must be “genuine”.
  • A signed employment contract should be provided.

Standard Business Sponsorship(SBS) is valid for 5 years from the date it is approved.

Visa is for:

Short-Term TSS Visa (482) –  for up to 2 years or up to 4 years if an International Trade Obligation (ITO) applies.

Medium and Long Term TSS Visa (482) – Up to 4 years

Labour agreement stream – Up to a maximum of 4 years, depending on the terms in the labour agreement.

Short-Term TSS Visa (482)

You can work in Australia for up to 2 years for your sponsor or work in Australia for up to 4 years if an International Trade Obligation (ITO) applies
You can travel to and from Australia as many times as you want while the visa is valid
If eligible, You can apply for permanent residence

Medium and Long Term TSS Visa (482)

You can work in Australia for up to 4 years
You can study (you won’t receive government assistance)
You can travel to and from Australia as many times as you want while the visa is valid
If eligible, You can apply for permanent residence

How much cost visa to Australia

As a Sponsor keep in mind Sponsorship and Nomination fees MUST be paid by Business and can not be reimbursed by applicant.

Applicant can be in out out of Australia when applying.

Bridging visa will be issued only for on shore applications. Specific condition including work and travel permission will vary deepens on applicant situation. please contact us for details.

Short-Term TSS Visa (482)

Medium and Long Term TSS Visa (482)

TSS Visa – Short Stream 482 Visa in Regional (ROL)