Author Archives: Peng Cheng

  The process of reviewing your application and preparing it for lodgement is important. Taking some extra time to properly complete this step can really benefit your application in the following ways: Presenting an organised and concise application can really make life easier for your case officer when he or she assesses your application. And considering […]

 

One very common question that I receive from Subclass 457, 186 and 187 visa holders is: I need to leave my employer – what is going to happen?

You may want or need to leave your employer for a number of different reasons. The below are just some examples that I have encountered:

  1. My employer is making me do duties which are not in my nominated role – I do not want to do these tasks
  2. My employer isn’t paying me the salary that was specified in my contract and/or visa application
  3. The ownership of my employing company has changed – I do not get along with the new management / owner
  4. I’ve been offered a role with another company and I want to take this
  5. My employer no longer needs my services and they have terminated my employment

The events that may occur following the termination of your employment does depend on the visa that you hold. In this post, I will outline the various consequences that may result when you end your employment.

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457 visa holders

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If you want to change employers

Firstly, you need to ensure that your prospective employer is eligible to sponsor you for a 457 visa. This generally means that they need to hold Standard Business Sponsorship and that this sponsorship is valid (or that they are eligible and willing to apply for this). Your prospective employer will need to lodge a 457 nomination application and have this approved before you can start employment with them.

Changing employers and completing current employment obligations

As a 457 visa holder, you can only work for your sponsoring employer and in your approved role.

The exception to this is when you are changing your employer and 457 visa sponsor. Even after the 457 nomination application for your new employer has been approved and your sponsorship has changed to this new employer, you can continue to work for your former employer and sponsor to ‘fulfil a requirement to give notice of termination of employment’.

Basically, you are allowed to fulfil the terms of your employment contract and serve out any required notice period.

If you end your employment with your sponsor (or if your sponsor terminates your employment)

Your 457 visa is subject to condition 8107 – this condition requires you to remain employed in your nominated role with your sponsor. If your employment ceases, then your employer is obligated to notify the Department.

If more than 90 days has passed since your last date of employment, then you are considered to be in breach of condition 8107 and the Department may issue you with a Notice of Intention to Consider Cancellation. If you intend to lodge another visa application, then you can discuss this matter with the Department and see if they can give you a little extra time to prepare and finalise the application (evidence supporting your claim that you will be lodging a genuine application may help you case).

If your employer notifies the Department that you have ended your employment and you are outside of Australia, then the Department can cancel your 457 visa without notifying you.

Covering the cost of your flight to leave Australia

Once you have ceased employment,  you can make a written request to your former employer and request that they cover the reasonable cost of your departure. Your former employer is obligated to cover this cost if it receives such a request.

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Employer Nomination Scheme – 186 visa holder

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In the visa application form, as the applicant, you are required to declare that you:

  1. Agree to work in the nominated position for at least two years
  2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the visa is approved.

Once you have obtained your permanent residency visa

Once you become an Australian permanent resident, the situation does change a bit. Generally speaking, there is nothing from a migration law perspective that can really prevent you from changing your employer or your role.

People tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. This will generally not occur unless you have provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’.

In my view, even if the Department is informed about your cessation of employment, they will not act to cancel your permanent residency visa unless they are provided with some clear evidence of fraud or misleading behaviour in relation to your visa application (e.g. an email in which you state that you intend to quit the moment that you obtain your permanent residency).

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Regional Sponsored Migration Scheme – 187 visa holder

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Section 137Q gives the Department the power to cancel the permanent residency that you obtained through RSMS. The section itself is relatively straight forward and states that permanent residency granted under the RSMS pathway may be cancelled if:

  1. You do not commence employment in your nominated role within 6 months of the date of approval (if you are in Australia at the time of approval) or within 6 months of entering Australia as the holder of a RSMS visa AND you do not satisfy the Department that you have made a genuine effort to commence employment within the 6 month period; or
  2. You commence employment but you terminate your employment within the first 2 years AND you do not satisfy the Department that you have made a genuine effort to remain in your nominated role for the required 2 years.

Relevant considerations in assessing ‘genuine effort’

If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):

  1. The visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances)
  2. The possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia
  3. In the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) and
  4. Any other matter which is relevant to the commencement or termination of the employment.

The below is a summary of other relevant parts of the Department’s policy in relation to s137Q:

  • If you are ceasing employment on ‘reasonable grounds’, you are expected to give your employer reasonable notice.
  • The Department is unlikely to decide that you have not made a genuine effort if your failure to commence or your termination of employment was due to circumstances outside of your control (e.g. your employer’s financial loss, bankruptcy or closure of the business).
  • The Department may decide that you have not made a genuine effort if you ‘deliberately damaged or sabotaged the employer’s business to cause the dismissal’.

At the end of the day, policy does state that decisions made under s137Q are a matter to be resolved between the Department and the visa holder. The former employer can provide information to the Department but they are not involved in the ultimate decision-making process.

Consequently, if the Department is considering the possibility of cancelling your visa, the Department will need to contact you to give you the opportunity to present your side of the story.

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Before you ask…

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Please do not ask us whether it is ok for you to leave your employer before completing the required 2 years of post visa approval employment. I’m sorry but I’m not going to respond to comment questions asking me to predict whether the Department will take any action against your permanent residency.

One of our clients did contact the Department before he left his employer – he asked the Department whether it was ok for him to leave and whether the Department would take action against his permanent residency visa. The Department expressly advised:

The Department is unable to determine whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after the event, that is, after the visa holder ceases employment with the nominated employer.

If the Department cannot even tell you what is going to happen before they complete an assessment, then I certainly cannot predict the Department’s actions.

I would say that if you ceased employment because your employer no longer needs you (irrespective of why this is the case – it can be a change of management, closure of the business, lack of work etc.), then I think that the Department is unlikely to take any action against your permanent residency.

Also, if you have obtained your Australian citizenship, then I do not think that the Department would take any action against your citizenship if you leave your employer.

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How we can help

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Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the excellence of our work
  • our willingness take on the difficult cases and achieve the outcomes that our clients want
  • our willingness to cater our services to the precise needs of our clients, including working outside of normal business hours and providing limited assistance where needed such as  helping to resolve a specific issue or issues with a particular application
  • our ability to assist business and private clients from all over Australia and the world! We are based in Sydney NSW, however, we have assisted business and private clients from all over Australia and the world. We have never had issues with assisting clients that we don’t get to meet in person

The business applying for SBS must be an employer that satisfies the following requirements:

  1. The business is legally established in Australia; and
  2. The business has actual operations in Australia.

Requirement 1 – Legally Established in Australia

The business can satisfy this by submitting evidence of its business registration details such as Australian Business Number (ABN), Australian Company Number (ACN), Australian Registered Body Number (ARBN) or Australian Stock Exchange (ASX) Code.

Requirement 2 – Actively Operating

The business can submit a variety of documents to demonstrate that it is actively operating. Examples include:

  • Lease for the business’ premises
  • Contract of sale for the purchase of the business
  • Evidence of employment of staff such as contracts, payslips etc.
  • Business Activity Statements (BAS)
  • Business bank statements
  • Evidence of costs incurred by the business such as receipts and invoices
  • Evidence of payments by clients to the business for goods or services delivered such as receipts and invoices
  • Letter from the business’ accountant confirming active operations

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

One of the requirements that a sponsor needs to satisfy in order to obtain Standard Business Sponsorship and sponsor Subclass 457 visa applicants is the ‘training benchmark’ requirement.

If the business has been trading in Australia for 12 months or more, in order to satisfy the ‘Training Benchmark’, it needs to satisfy one of the following pathways:

  1. Pathway 1 – Demonstrate that in the last 12 months prior to the lodgement of the SBS application, the business has allocated payments to an industry training fund and these payments equate to at least 2% of the payroll of the business. The business must be operating in the same industry as the industry training fund. Furthermore, The business must make a commitment that it will maintain such payments (i.e. 2% of total payroll) in each fiscal year for the term of the SBS approval; or
  2. Pathway 2 – Demonstrate that in the last 12 months prior to the lodgement of the SBS application, expenditure on the training of Australian citizen or permanent resident employees of the business equates to at least 1% of the payroll of the business. The business must also make a commitment that it will maintain such expenditure (i.e. 1% of total payroll) on training in each fiscal year for the term of the SBS approval.

Pathway 1

If a business does not employ any Australian citizens or permanent residents, then it will only be to apply by satisfying pathway 2 by contributing to an industry training fund that is in the industry that it is operating in. An industry training fund is statutory authority which is responsible for providing funding for training of eligible workers in certain industries.

The business will need to provide evidence of contributing to such funds such as through receipts or a letter from the relevant fund.

Pathway 2

What types of expenditure can be counted towards the Training Benchmark? 

You can only count the expenditure of the business entity. You cannot count the training expenditure of a related entity.

You will firstly note that you can only count training expenditure for employees who are Australian citizens and permanent resident. The following are examples of training expenditure which the business can count towards the Training Benchmark:

  • Evidence of expenditure on external training.
  • If the business employs an individual and a key part of this person’s role is to train the business’ employees who are Australian citizens or permanent residents.
  • Employment of apprentices, trainees or recent graduates in on-going roles. The number of these individuals needs to be proportional to the size of the business. In relation to the hiring of recent graduates, only the formal training aspects of the graduate position can be included (see below for further information)
  • Funding a scholarship in a formal course of study approved under the Australian Qualifications Framework where this is part of the business’ training strategy. If your business does fund scholarships, then a key consideration in DIAC assessing whether this formal course of study is part of the business’ training strategy is the relevance of the course of the business. In any case, relevance is given a broad interpretation.
  • Structured internal on-the-job training. Such training needs to have clearly defined goals that are aimed at increasing the employees’ skills and experience with progression through the various stages of the training. For such internal training, the business should to evidence the following:
  1. The learning outcomes of the employee at each stage;
  2. How the progress of the employee will be monitored and assessed;
  3. How the program will provide additional and enhanced skills;
  4. The use of qualified trainers to develop the program and set assessments; and
  5. The number of people participating and their skill/occupation.

You cannot count the wages of the Australian citizens or permanent residents that the business pays while these employees are attending training (except where the staff are apprentices, trainees or recent graduates).

The actual expenditure on training has to be quantifiable. For instance, where training is provided by a franchise head office, the applicant needs to show exactly what percentage of the franchise fee is attributed to training. We cannot count the whole franchise fee nor can we accept an estimate of the training component; there would need to be some evidence from the franchisor confirming the actual percentage.

The same principle applies to all the training expenditure that the business is including.

Definition – Payroll Expenditure

Payroll refers to the amount of money which an employer pays in wages to their employees in the 12 months prior to application lodgement. Payroll expenditure includes any wages, remuneration, salary, commission, bonuses, allowances, superannuation contributions (mandatory or otherwise) or eligible termination payments that are defined as wages in the Act relating to payroll tax in the relevant State/Territory.

A business can assess whether this requirement is met by calculating its total expenditure on training of Australian citizens and permanent residents and its total expenditure on payroll for the last 12 months, and determining whether total expenditure of training equates to at least 1% of payroll.

Commitment to Continued Satisfaction of Training Benchmark

This commitment is made as part in the application form for SBS. Depending on how the business satisfies the Training Benchmark, the business will need to certify/provide evidence demonstrating one of the following:

  1. Certify that the contribution to the industry training fund will be made each fiscal year; or
  2. Demonstrate that the training provided Australian citizens or permanent residents employees is part of an ongoing organisational training strategy; or
  3. Demonstrate that the employment of apprentices, trainees or graduates is part of an ongoing organisational training strategy.

Training provided by a third party

If the business is including the cost of training that is provided by an external party, then the business will need to submit invoices and receipts which confirm the cost of the training and that the training occurred within the last 12 months prior to lodgement of the SBS application. If available, the business should also submit documents relating to the training provided (e.g. handouts, slides etc.). These documents will allow DIAC to better understand the purpose of the training and the intended learnings and professional development outcomes.

Inclusion of on-the-job or internal training

Expenditure on on-the-job or internal training can be counted towards the Training Benchmark if this training is part of a formal, structured course with identified learning outcomes that contribute to the upgrading of skills of employees.

Inclusion of salaries of Apprentices & Trainees

Apprenticeships and traineeships are, by definition, training positions. Consequently, if the business employees apprentices and/or trainees, 100% of these employees salaries can be counted towards satisfying the 1% of payroll Training Benchmark.

The business needs to show that there is a formal apprenticeship or traineeship agreement in place (known as a Training Contract) which has been lodged with the relevant State or Territory government authority. The Training Contract should be submitted as supporting evidence in the SBS application.

You can count expenditure for hiring apprentices and/or trainees which the business has hired via a third party such as a recruitment agency or Group Training Organisation (GTO).

Inclusion of salaries of Recent Graduates

A recent graduate is considered as someone who has completed their higher education studies within the last 24 months prior to the lodgement of an application for approval as a standard business sponsor. Furthermore, the role which the graduate is working in needs to be relevant or related to the subject of their recently completed qualification (although DIAC is likely to give this a broad interpretation).

A recent graduate’s salary can only be counted towards the Training Benchmark if the graduate will be participating in a formal, structured graduate program for up to two years, or is completing a professional year following their graduation. If this is satisfied, then 100% of the graduate’s salary can be counted.

If the graduate is not participating  in a formal, structured graduate program or completing a professional year following their graduation, then the business can only count the expenditure on the graduate position that is part of the formal training aspects of the graduate position. While the graduate is undertaking formal training, you can count the wages that the business to this employee during the course of the formal training.

Final note before lodgement

As with presenting any information to DIAC, your should try to ensure that the information is easy to understand and that you are guiding the case officer wherever this is necessary. The DIAC case officer should not need to formulate his or her own interpretation of your application, or the documents and information that you are presenting.

Your case officer will not have nearly the same level of knowledge about your business as you do. Do not assume that your case officer will understand and interpret the various components of your application in the same way you. This is particularly the case with SBS applications because every business is difficult and every business has difficult methods for delivering training to its Australian citizen or permanent resident employees. This is unlike visa applications where generally, every applicant are required to submit a standardised set of documents and information such as his or her passport, resume and qualifications which are relatively straightforward to understand.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

Once a business obtains Standard Business Sponsorship, it will be subject to the following obligations in relation to DIAC and its 457 visa holder employees:

Obligations to 457 visa holder employees

Unless otherwise specified, the below obligations which relate to the 457 visa holder (and/or dependent 457 visa holders) are imposed on the sponsor while the visa holder is an employee of the business and the 457 visa nomination approval is under the business SBS.

Unless specified, the below obligations end when:

  1. The 457 visa holder changes sponsor (i.e. visa holder ceases employment with the business and commences employment with another sponsor once the nomination application for that sponsor has been approved); or
  2. The 457 visa holder is granted another substantive visa other than a 457 visa; or
  3. The 457 visa holder leaves Australia and their 457 visa expires.

Offer equal terms and conditions of employment – ‘Market Rate Requirement’

The sponsor must demonstrate that the 457 visa applicant’s terms and conditions of employment are no less favourable than that of an ‘equivalent Australian’ (that is an Australian citizen or permanent resident employee of the sponsor that is performing equivalent work and is working in the same location).

This obligation does not apply if the applicant 457 visa holder’s guaranteed annual earnings is $180,000 or greater.

For a labour agreement, the sponsor must ensure that overseas workers receive remuneration as specified in the agreement.

Please see further explanation in relation to base salary, ‘guaranteed annual earnings’ and satisfaction of this requirement.

Ensure that the sponsored employee only works in the occupation approved in the nomination application

The sponsor needs to ensure that the primary visa holder only works in the occupation that is approved under the 457 nomination application.

If there is natural progression and development in the 457 visa holder’s role such that he or she takes on a few extra responsibilities, or the exact nature of his or her duties change to reflect the move to a more senior position, such changes are probably allowed.

If the business wants the 457 visa holder to move into a completely different role, or wants to change his or her duties significantly, then the sponsor will probably need to lodge a new nomination application. DIAC needs to approve the nomination application before visa holder can move into the new role, or change his or her duties significantly.

The duties of the visa holder’s occupation needs to include a significant majority of the duties of the position as listed under ANZSCO. If the changes to the 457 visa holder’s role or duties and responsibilities are such that the ANZSCO which was approved for his or her nomination is no longer appropriate, then the sponsor will need to lodge a new nomination application.

Sponsor to only engage the primary 457 visa holder as an employee (less exception applies)

The sponsor must ensure that there is an employer-employee relationship between it and the sponsored primary 457 visa holder. There are two exceptions to this rule:

  1. For a standard business sponsor operating in Australia, the primary visa holder can work for associated entities;
  2. The primary sponsored person’s occupation is an exempt occupation

Sponsor cannot recover certain costs from a primary or dependent 457 visa applicants

The sponsor cannot recover or seek to recover all or part of the following costs:

  1. Costs that relate specifically to the recruitment of the primary applicant, or
  2. Associated with becoming or being an approved sponsor or former approved sponsor (this includes migration agent costs for assisting with the SBS or 457 visa applications)

This obligation is imposed once the SBS or labour agreement is approved. It ceases two years after the following events have occurred:

  1. SBS or the labour agreement ceases, and
  2. There are no primary or secondary sponsored persons in relation to the sponsor.

Payment of return travel costs

When a 457 visa holder ceases employment with the business (or when his or her 457 visa expires, at which point they can no longer work for the employer anyway unless he or she is subsequently granted another visa with work rights), the primary or dependent 457 visa holders, or DIAC acting on behalf of the visa holder, can make a written request to the business to cover the reasonable and necessary travel costs to allow the visa holder to leave Australia.

When the business receives such a written request, it will need to complete the following in order to discharge this obligation:

  1. Cover the travel cost from the visa holder’s usual place to residence to the place of departure
  2. Cover travel cost from Australia to the country specified in the written request (for which the person holds a passport)
  3. The business needs to provide for economy class air travel or, where unavailable, a reasonable equivalent
  4. These costs need to be paid within 30 days of receiving the written request

This obligation applies while the visa holder is an employee of the business and the 457 visa nomination approval is under the business SBS.  This obligation ends when the 457 visa holder change sponsorship to another employer,  is granted another substantive visa other than a 457 visa or when the individual leaves Australia and is no longer the holder of a 457 visa.

If the business does cover the travel cost in satisfaction of this obligation, the business needs to notify DIAC within 10 working days of paying for the cost that it has made such a payment.

Obligations to the Department of Immigration & Citizenship 

The above obligations are imposed once the SBS or labour agreement is approved. These obligations cease two years after the following events have occurred:

  1. SBS or the labour agreement ceases, and
  2. There are no primary or secondary sponsored persons in relation to the sponsor.

No record needs be kept for more than 5 years under the below obligations.

Obligation – Notify DIAC of Certain Notifiable Events

On this page, DIAC has outlined the events that it needs to be notified of and when DIAC needs to receive these notifications.

At the bottom of the page, you will now the various email addresses and post office address that you should use for sending DIAC the various notifications to. You need to send the notification through to the relevant state’s monitoring unit, which is the state in which the head office of the sponsor is located.

Ensuring compliance with this obligation, like with the obligation for keeping relevant and required records, requires the business to education its staff to ensure that they have knowledge of the current sponsorship obligations.

Obligation – Keep Records

On this page, DIAC has outlined what records must be kept by the business. These records and documents need to be kept in case this information is requested by DIAC. DIAC may also monitor the business in relation to its compliance with its sponsorship obligations, or the business may be subject to investigation by inspectors. The documents that the business is required to maintain in order to satisfy this obligation are likely to be requested for the purpose for any monitoring or investigation.

All of the records must be kept in a reproducible format and must be capable of verification by an independent person.

There is no specific format in which you must keep your records. The general principles of good record keeping and management applies.

To really ensure compliance with this obligation, the business should ensure that the person or team that manages the business’ 457 visa population has a clear and up-to-date understanding of the business’ obligations as a sponsor. Many of the obligations also require the business to keep records in relation to how the business has complied with the obligation.

For instance, if the business receives a written request from a 457 visa holder who has ceased employment to cover the cost of his or her return travel, the business should keep records of all correspondence as well as receipts and invoices for the costs that it incurs in discharging this obligation.

If the business has an Australian citizen or permanent resident employees that are working in the same position and location as a 457 visa holder, then the business needs to keep records to show that the terms and conditions of employment for the 457 visa holder continues to be at least as favourable as the Australian employee. If the Australian employee’s salary increases to be above that of the 457 visa holder, then the business may be required to increase the salary of the 457 visa holder to match that of the Australian.

Some migration agent firms are able to offer you services that assist you with making the right notifications to DIAC. However, even with the assistance of such services, your own staff still need to have a firm grasp of the sponsor’s obligations in order to correctly identify notifiable events, why retaining certain documents is important (and preferably, which obligations these documents relate to) and also pre-empt or identify breaches of the sponsor’s obligations.

Obligation – Provide Records & Information to the Minister

This obligation follows on from the obligation to keep records. It may be imposed as part of a DIAC investigation or monitoring. The sponsor is to provide records or information if the sponsor is required to keep such documents due to a legal obligation, under sponsor’s obligations or under the terms of the labour agreement.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

Standard Business Sponsorship (“SBS”) is what a business needs to obtain for in order to sponsor foreign national for the Long-term Subclass 457 visa.

Domestic Business Sponsors

A business must have DIAC approved SBS before it can sponsor foreign national workers under the Subclass 457 visa program. A business can only have one SBS approved at any give time (i.e. one approved SBS per ABN). Once the SBS is approved, it is valid for a period of 3 years. The business can apply to have its SBS period extended.

In a SBS application, the business must demonstrate that it meets the following requirements:

  1. The business is actively and lawfully operating in Australia
  2. The business meets the ‘Training Benchmark’ and it makes a commitment that it will continue to satisfy the ‘Training Benchmark’ in the future
  3. The business needs to attest that it has a strong record or demonstrated commitment to employing local labour and non-discriminatory employment practices (testament made in application form)
  4. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. There is no requirement for sponsorship applicants to provide details of any adverse information about themselves or people associated with them

Overseas Business Sponsorship

For an overseas business to obtain SBS, it needs to satisfy the following requirements:

  1. The business must be lawfully operating outside of Australia.
  2. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. There is no requirement for sponsorship applicants to provide details of any adverse information about themselves or people associated with them.
  3. In sponsoring an individual for a 457 visa, the business must have the intention the sponsored individual is coming to Australia to undertake one of the following:

a) Establish, or assist in establishing a business operation in Australia with overseas connections, or

b) Fulfil, or assist in fulfilling, the business’ contractual obligations.

How we can help

Please Contact Us if you require our assistance.

Our Client Testimonials reflect:

  • the high quality and highly personalised service that we provide
  • the excellence of our work
  • our ability to achieve the outcomes that our clients want
  • our willingness and ability to go ‘above and beyond’

Whether you need comprehensive assistance with an application, assistance and representation with a review application with the Migration Review Tribunal, Refugee Review Tribunal or Administrative Appeals Tribunal, or just a one off consultation, we will provide you with the advice and service that you require.

 

  You and all adult dependents who are over 18 and are included in your Subclass 186 ENS or 187  RSMS visa application will need to satisfy the applicable English language requirement.   Primary applicant   The threshold English language requirement does vary depending on whether you are applying under the Direct Entry (“DE’) or Temporary Residency […]