Can my business become a Standard Business Sponsor?

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A Standard Business Sponsorship (SBS) enables Australian businesses to sponsor overseas workers under the Temporary Skill Shortage visa (subclass 482) and the Skilled Employer Sponsored Regional (Provisional) visa (subclass 494). These visas give the foreign worker the legal right to live and work in Australia for a specified duration.

However, not all businesses are eligible to become an SBS. In this article, we'll look at the essential requirements for businesses to become an SBS, the application process, and the ongoing obligations that come with sponsorship. But is your business qualified to participate?

Let's delve into the details of SBS and answer the key question: Can your business become a Standard Business Sponsor?

What is Standard Business Sponsorship?

It’s a program administered by the Australian government to assist eligible businesses in addressing specific skill shortages by sponsoring overseas workers. With this approval, businesses can nominate eligible foreign workers for the subclass 482 and subclass 494 visas.

Becoming an SBS entails meeting certain eligibility criteria and fulfilling ongoing obligations outlined by the Australian authorities.

Who can apply?

A range of entities can apply for SBS approval, including:

• Sole traders
• Partnerships
• Proprietary companies
• Public companies
• Government departments
• Statutory authorities
• Not-for-profit organizations
• Educational institution

Basic Requirements for Sponsorship

A legally established and operating business can apply to be a sponsor.

To be considered for SBS approval, your business must meet these essential criteria:

• Legally Established and Operating Business: You must be a legally registered business entity in Australia or overseas with a demonstrably active operation. Shelf companies that have been legally established but not operating any business activity cannot satisfy the requirement.
• No Adverse Information: The Department of Home Affairs shouldn't have any negative information regarding your company or its associates that could impact on your suitability as a sponsor.
• Additional requirements for businesses in Australia: You must have a strong record of or a demonstrated to, employing local labour.

The Application Process

The SBS application involves several steps:

1. Gather Documentation: Compile the necessary documents, including business registration details, financial statements, and evidence of LMT efforts.
2. Lodge Application: Submit your application through the online portal of the Department of Home Affairs. This may involve fees associated with the application and nomination process.
3. Assessment: The Department will assess your application against the SBS criteria. This can take several weeks or months.
4. Outcome: You'll receive a notification regarding the approval or rejection of your SBS application.

As an approved SBS, the employer can nominate an occupation for a prospective 482/494 or existing 482/494 visa holder. The employer must meet certain nomination requirements.

Conditions of Sponsorship

Once your SBS is approved, sponsors must adhere to several obligations to protect overseas workers and ensure the integrity of the visa programs. To retain or renew your SBS, you must continue to meet your sponsor obligations.

An SBS lasts for 5 years from the approval date.

Conclusion

If you can’t find an Australian citizen or permanent resident to fill a job vacancy, you can sponsor an overseas worker. If you sponsor an overseas worker, you will need to test the local labour market. The process and documents required to nominate someone for a position depends on the visa that you choose. Furthermore, being a sponsor means the skilled worker can work only for you while you are their sponsor.

To navigate the SBS pathway successfully, it is essential to understand the eligibility criteria, application process, and ongoing obligations. Embracing the opportunities provided by the SBS program can contribute to the growth and diversity of Australian businesses while addressing skills shortages in various sectors. By tapping into global talent, businesses can promote innovation and competitiveness.

Consulting with a registered migration agent or lawyer can also be beneficial for ensuring a smooth and successful application process. Contact Migration Affairs for more information and expert guidance.

Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.

Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.

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