Overseas Business Sponsorship

Overseas Business Sponsorship

Understanding Overseas Business Sponsorship

In addition to Standard Business Sponsorship (SBS) for Australian-based businesses, the Australian immigration system also allows overseas businesses to sponsor skilled workers under the Temporary Skill Shortage (TSS) visa (subclass 482). This pathway is known as Overseas Business Sponsorship and is designed to enable multinational companies or foreign enterprises to bring employees to Australia to either establish a presence or fulfill specific business needs.

 

Benefits of Overseas Business Sponsorship
  1. Establishing a Presence: Overseas Business Sponsorship allows international businesses to establish a presence in Australia, facilitating market entry and expansion.
  2. Access to Australian Market: Companies can leverage local expertise and insights by deploying skilled workers to Australia, enhancing their competitiveness in the local market.
  3. Business Continuity: Ensuring key roles are filled by skilled employees from the parent company can help maintain business continuity and consistency in operations.
  4. Knowledge Transfer: Bringing skilled workers from overseas can facilitate the transfer of knowledge and skills, benefiting the Australian operations and local employees.

 

Eligibility Criteria for Overseas Business Sponsorship

To be eligible for Overseas Business Sponsorship, businesses must meet specific criteria:

  1. Legal Establishment Overseas: The business must be legally established and operating outside Australia. Evidence such as registration certificates, financial statements, and business activity records will be required.
  2. Genuine Business Need: The business must demonstrate a genuine need to sponsor an overseas worker, such as establishing an Australian branch, fulfilling a contractual obligation, or undertaking a specific project.
  3. Good Business Record: Similar to SBS, the overseas business must have a strong record of compliance with immigration and employment laws in its home country and any other jurisdictions where it operates.
  4. Commitment to Fair Work Standards: The business must commit to providing terms and conditions of employment in Australia that are equivalent to those offered to Australian employees in similar roles.

 

The Application Process for Overseas Business Sponsorship

The application process for Overseas Business Sponsorship involves several steps:

  1. Preparation of Documents: Collect necessary documents, including business registration certificates, financial statements, and evidence of the genuine business need for an overseas worker in Australia.
  2. Lodging the Application: Submit the Overseas Business Sponsorship application online through the Department of Home Affairs’ ImmiAccount portal. This includes filling out forms and uploading supporting documents.
  3. Paying the Fee: Pay the applicable application fee.
  4. Assessment by DHA: The Department of Home Affairs will assess the application. This process may involve verifying the business’s operations and the genuine need for an overseas worker.
  5. Decision Notification: Once the assessment is complete, DHA will notify the business of the decision. If approved, the business can start nominating workers under the TSS visa.

 

Responsibilities During the Sponsorship Period

During the sponsorship period, overseas businesses must adhere to several responsibilities to maintain their sponsorship status:

  1. Compliance with Sponsorship Obligations: This includes adhering to the terms and conditions of employment, ensuring that sponsored employees are working in their nominated roles, and paying the correct salary rates.
  2. Record-Keeping and Reporting: Businesses must keep detailed records and report any significant changes to the DHA, such as changes in business structure, cessation of business operations, or changes in the roles of sponsored employees. Please see: https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/existing-sponsors/standard-business-accredited-obligations
  3. Non-Discriminatory Practices: Sponsors must ensure their recruitment and employment practices do not discriminate against Australian citizens and permanent residents.
  4. Providing Equivalent Terms and Conditions: Sponsored employees must receive terms and conditions of employment that are no less favorable than those provided to Australian workers in similar positions.

 

Renewal and Compliance

Similar to Standard Business Sponsorship, Overseas Business Sponsorship comes with a defined validity period. Businesses that wish to continue sponsoring employees beyond this period must apply for renewal. The renewal process involves:

  1. Review of Compliance: The DHA will review the business’s compliance with sponsorship obligations during the previous period.
  2. Updated Documentation: Businesses need to submit updated documentation, including financial statements and business activity records.
  3. Application Submission: The renewal application is submitted through the ImmiAccount portal, similar to the initial application process.
  4. Fee Payment: Payment of the applicable renewal fee is required.

 

How Visa Help Australia Pty Ltd and Skilled Migration Consultants Pvt Ltd Can Assist

Navigating the Overseas Business Sponsorship process can be complex, particularly for businesses unfamiliar with Australian immigration laws. Visa Help Australia Pty Ltd and Skilled Migration Consultants Pvt Ltd  offer comprehensive support to streamline this process:

  1. Initial Consultation: We provide a detailed consultation to understand your business needs and assess your eligibility for Overseas Business Sponsorship.
  2. Application Preparation: Our experts assist in preparing and lodging your Overseas Business Sponsorship application, ensuring all documentation is accurate and complete.
  3. Compliance Support: We offer ongoing support to help you maintain compliance with sponsorship obligations, including record-keeping and reporting.
  4. Strategic Advice: Our team provides strategic advice on leveraging different visa programs and navigating the complexities of establishing a business presence in Australia.
  5. Nomination and Visa Applications: Our services extend to nominating and lodging TSS visa applications for your employees, ensuring a seamless process from start to finish.

 

Real-World Example and Success Story
  • Tech Multinational: A leading energy company headquartered overseas wanted to complete their contractual obligations in Australia. Through our support, they successfully obtained Overseas Business Sponsorship and brought in key personnel to set up operations and drive growth.

 

Conclusion

Overseas Business Sponsorship offers a valuable pathway for international companies to bring skilled workers to Australia, facilitating market entry, business continuity, and knowledge transfer. Understanding the eligibility criteria, application process, and compliance obligations is crucial for successfully navigating this pathway. Visa Help Australia Pty Ltd and Skilled Migration Consultants Pvt Ltd are dedicated to providing expert guidance and support throughout the Overseas Business Sponsorship process, ensuring your business can effectively leverage this opportunity to thrive in the Australian market.