OVERSEAS BUSINESS SPONSORSHIP FOR TSS VISA

In practice, an Australian Business Sponsor (ABS) and an Overseas Business Sponsor (OBS) are the two forms of SBS . This is because, depending on whether a company operates inside or outside of Australia, certain criteria must be met in order to become an SBS.

Employers and businesses from other countries can sponsor employees under the TSS 482 visa program if they do not have operations in Australia.

Overseas enterprises must show that they are legally founded under the relevant laws of the nation in which they operate to the satisfaction of the decision maker. This means that if the home country’s laws have a company registration system, the applicant is required to be registered in line with those rules and procedures. Applicants who operate a business in their home country without registering in a scenario where this is permitted will not be regarded to have met the “lawful” component of the “lawfully operating a business” criterion.

  • If a foreign business registered in Australia is also operating a business in Australia (see Assessment of ‘lawfulness’ – Australian business in respect to ARBN and ABN), the Australian registered entity of that overseas firm should be the applicant for SBS approval.
  •  It is appropriate for an overseas business to be the applicant for SBS approval if it is registered in Australia with an ARBN and/or ABN but there is no other evidence that they are actually operating in Australia, that is, all supporting documentation points to the business operation being conducted exclusively outside Australia.
Type of sponsor Start date of new sponsorship period Cease date of new sponsorship period
Australian Business Sponsor Unless the person is already an SBS sponsor, in which case it begins immediately after their previous SBS approval expires, the day the approval is granted. 5 years after the day on which the approval is granted.
Overseas Business Sponsor The day on which the approval is granted. 5 years after the approval was obtained, or immediately after a further approval was granted.

Cons

Instead of working for a “related entity” like Australian business sponsors, the TSS 482 holder must work directly for the sponsor.

Permanent visas such as the ENS and RSMS are not available to Overseas Business Sponsors.

 

Having a business in a country other than Australia

Typically, the OBS requires proof that the applicant’s goal in obtaining recognition as an SBS is to:

  • facilitate the sponsorship of TSS visa holders/applicants who will start, or help in the establishment of, a business activity in Australia with international ties on the applicant’s behalf; or
  •  perform or help the applicant in satisfying a contractual obligation

The following are some examples of forms of evidence that the decision maker might consider:

  • a commercial or corporate expansion strategy;
  • a joint venture arrangement between an application for normal business sponsorship and an Australian party 
  • a contract between an application for standard business sponsorship and an Australian party

Enquire with Global Vision Migration

Fill in your details and we’ll call you back!

    Universities & Colleges

    Warwick Institute of Australia
    Tr4in Right
    TMG College Australia
    Technical Education Development Institute
    St Peter Institute
    Southern Cross Education Institute
    Salford College of Business and Hospitality
    Sacred Heart International College
    Pax Institute of Education
    Navitas Professional Year
    Melbourne City College Australia
    Lead College
    International House Sydney
    International College Victoria
    Education Centre of Australia
    Della International College
    Danford College
    Central Australian College
    Baxter Institute – Engineering Campus
    ATMC Professional Year
    ALTEC College
    Acumen Institute of Further Education
    Skilled Up
    Ozford
    CIC higher education
    Acelaide
    aveta