We partner with businesses of all sizes to advise and assist businesses that employ migrant workers to meet their labour market needs. Whether you have a recruitment service, an HR team, or a small operation, we can work with you to develop a workforce strategy.
Australia’s migration program is increasingly focused on regulatory compliance for businesses employing and/or sponsoring migrant workers. The Department of Home Affairs has the power to audit and monitor your compliance with sponsorship obligations in several ways. The Migration Act 1958 also imposes a range of sanctions on sponsors that fail to comply with their sponsorship obligations.
In addition to assisting with applications to become a business sponsor, Migration Affairs works collaboratively with businesses to:
- Navigate the complex regulatory environment and ensure compliance with Australia’s complex immigration legislation
- Review your immigration program and migrant workforce
- Ensuring you recruit and maintain your migrant workforce
- Provide legal updates and the latest immigration news
- Provide clear, timely communication and advice
- Partner with a team of dedicated immigration experts with industry specific expertise who will understand your business
- Take advantage of immigration opportunities that support business growth
Standard Business Sponsorship (SBS)
Before a business can sponsor employees under the TSS visa and SESR visa, they need to apply for approval as a Standard Business Sponsor (SBS)
The business seeking to become an SBS must:
- Be a business actively and lawfully operating in Australia, and has a strong record of, or a demonstrated commitment to, employing local labour, or
- Be a business actively and lawfully operating overseas (not in Australia), and be bringing the visa applicant to Australia either to establish a business operation in Australia or to fulfil contractual obligations
- The business must not have any adverse information that is relevant to the business’ suitability as an approved sponsor
Accredited Sponsorship
Certain businesses may be able to apply for accredited status, which allows them to receive priority processing for all TSS and SESR nomination and visa applications. Accredited sponsorship is designed to ensure lower-risk sponsors can access to priority allocation and streamlined processing for their overseas workers. Applications lodged by Accredited Sponsors receive preferential treatment.
In order to become an Accredited Sponsor, companies must meet specific criteria which depend on the type of the organisation.
Standard Business Sponsors and Accredited Sponsors are subject to the same sponsorship obligations.
Benefits of Accredited status:
- Priority processing for all applications – all TSS, SESR nomination and visa applications submitted by Accredited Sponsors are awarded priority processing status. That is, they receive faster processing times for applications that are significantly shorter than the processing times for Standard Business Sponsorships.
- Streamlined processing for certain applications – this enables certain nomination applications made by Accredited Sponsors to be automatically approved by the Department of Home Affairs immediately.
- Alternative methods for character – as an Accredited Sponsor, you have the option to provide a character reference for all TSS visa applicants you have nominated. TSS visa applicants do not need to provide clearance certificates for every country in which they have resided provided the business can attest to their good character. Please note that this alternative method does not apply to Australian Federal Police checks if required.
- Alternative methods of conducting LMT – acredited sponsors have more relaxed LMT requirements, with these businesses permitted to post job advertisements on their company website rather than through national recruitment websites.
- Alternative methods of Market Salary Research – accredited sponsors can rely on salary branding in their nomination applications, meaning time searching for equivalent job advertisements in the exact location or remuneration surveys will not be required.
If at the time of application for Accredited Status, a business does not meet the characteristics to achieve Accredited Status but they do meet the criteria for Standard Business Sponsorship. In that case, the business should be approved as a SBS for a period of 5 years.
As can be seen, accredited status is ideal for larger Australian companies sponsoring visas on a regular and ongoing basis and have this process as necessary to hire international workers as this workforce cannot be sourced by Australian workers. Australian employers that meet the Accredited Status criteria are encouraged to apply for accreditation to benefit from the privileges of faster visa processing.
What are employer’s sponsorship obligations for employer sponsored visas in Australia?
A comprehensive list of sponsorship obligations for Standard Business Sponsors can be found on the Department of Home Affairs website. Some of the most common obligations are:
- Notify the Department of Home Affairs when there are certain changes to your business
- Notify the Department of Home Affairs if your sponsored visa holder leaves employment or the nature of the employment changes
- Ensure that the sponsored visa holder works only in the nominated occupation
- Ensure that the sponsored visa holder is subject to employment terms and conditions not less favourable than those of an equivalent Australian worker
- Not engage in discriminatory practices
- Keep records to show your compliance with your sponsorship obligations
- Provide records or information if requested by the Department of Home Affairs
- Assume all costs associated with becoming a sponsor, nomination charges, and migration costs associated with sponsorship and nomination obligations
Staying compliant with Australia’s sponsorship obligations ensures that employers can continue sponsoring foreign workers. For more information about immigration audits and visa compliance for employers, please contact Migration Affairs.
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