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Legal Services — Employer Sponsorship

Standard Business Sponsorship —
Obligations, Compliance & Getting It Right

Before an Australian employer can nominate an overseas worker, they need Standard Business Sponsor approval. Approval comes with ongoing obligations that most employers underestimate — we help you meet them.

Why Sponsorship Approval Matters

An employer cannot nominate an overseas worker for a TSS visa (subclass 482) until they have been approved as a Standard Business Sponsor (SBS). The sponsorship application is a separate step from the nomination — it comes first, and it assesses the employer, not the worker.

Many employers don't realise that approval is not just a formality. The Department looks at whether the business is genuinely operating in Australia, whether it has previously met its obligations, and whether there are any concerns about the business that would make sponsorship inappropriate.

Applying to Become a Standard Business Sponsor

To become an SBS, the employer must demonstrate:

  • The business is lawfully operating in Australia — current ABN, ASIC registration, evidence of trading activity
  • The business has not previously had its sponsorship cancelled or been subject to sanctions
  • The business has a genuine need for an overseas worker in the nominated position

Supporting documents typically include financial statements, tax returns, payroll evidence, and proof of the business's active operations. We prepare the full SBS application and advise on what documentation is sufficient.

The Ongoing Obligations — What Sponsors Often Miss

Becoming an SBS is not a one-off approval. The obligations begin at approval and continue for the life of each sponsorship arrangement.

ObligationWhat it requires
Market salary rateThe sponsored worker must be paid at least the equivalent of an Australian doing the same role in the same location. This must be maintained throughout employment.
No cost transferCertain costs — including visa application charges, skills assessments, and migration agent fees for the nomination — cannot be recovered from or passed on to the worker.
Record-keepingEmployment records for each sponsored worker must be kept and made available for inspection. Records must be maintained for the duration of employment and for some years after.
Notification eventsThe Department must be notified within 28 days when a sponsored worker ceases employment, changes occupation, or moves to a different work location. Failure to notify is a breach.
Cooperation with inspectionsThe Department may conduct compliance inspections. Sponsors must cooperate and provide requested documents.
SAF levyThe Skilling Australians Fund levy is paid at the time of each nomination — not annually — and varies by business size and nomination period length.

Consequences of Breaching Obligations

Breaching sponsorship obligations is taken seriously by the Department. Consequences can include:

  • A formal warning on the sponsor's record
  • A bar on making further sponsorship or nomination applications for a specified period
  • A permanent bar in serious cases
  • Civil penalty infringement notices (fines)
  • Criminal prosecution in the most serious cases

The most common breach we see is failure to notify the Department when a worker leaves. It's easy to overlook, but the 28-day notification window is strict.

Renewing Sponsorship

SBS approval is valid for 5 years. If it lapses, the employer cannot make new nominations until approval is renewed. We manage the renewal process and flag the expiry date well in advance.

For Workers — Reviewing Your Nomination

If you are being nominated under an employer's SBS, the nomination must correctly reflect the occupation, salary, and conditions of your role. We review nominations before lodgement to identify any errors that would delay or invalidate your application.

Frequently Asked Questions

Currently most SBS applications are processed within 4–8 weeks for standard applications. Priority processing is available for an additional fee and can reduce this significantly. We advise on whether priority processing is appropriate for your situation.
SBS allows you to nominate workers for genuine positions in your business. Nominating family members is not prohibited, but the position must be genuine, the role must match the nominated occupation, and the salary must meet the market rate. Nominations that look like they are designed to give a family member a visa rather than fill a genuine role will be scrutinised carefully.
Notify the Department within 28 days of the worker ceasing employment. Use the correct online notification process through your ImmiAccount. Keep a record of the notification. Failure to notify within 28 days is a breach even if everything else about the sponsorship was compliant.

Want to Sponsor an Overseas Worker?

We handle the SBS application, nomination preparation, and ongoing compliance — so your focus stays on running the business.