An informed decision is made when needs are defined and requirements, risks and obligations are understood.
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Approved Standard Business Sponsorship, enable employers to use the TSS skills program to address labour shortages by bringing in genuinely skilled workers under one of three streams, where they cannot source an appropriately skilled Australian citizen or permanent resident: It facilitates targeted use of overseas workers to address temporary skill shortages, while ensuring that Australian workers get priority. TSS visa holders can work in Australia in their nominated occupation for their approved sponsor under one of three streams:
• Short-Term stream – 2 Years lists of eligible skilled occupations or 4 Years if International Trade Obligation (ITO)
• Medium-Term stream – 4 Years – See (MLTSSL) or (ROI) lists of eligible skilled occupations
• Labour Agreement stream – See labour agreements
• This visa involves a three-step process:
Step 1: a sponsorship application by the employer
Step 2: a nomination application for a skilled position by the employer
Step 3: a visa application by the proposed employee
Eligibility General
• Unless you are already an approved standard business sponsor or have executed a labour agreement with the Department, the first step to sponsoring an overseas worker for a TSS visa will be to apply to become a standard business sponsor. For information on the requirements and who can be a standard business sponsor – see Standard business sponsorship requirements.
• Note: A labour agreement is a formal arrangement negotiated between an Australian employer and the Australian Government. It may be used when the standard TSS program is not available. For information on the labour agreement program and how to request a labour agreement.
• Streamlined arrangements are also in place for existing standard business sponsors to renew their sponsorship prior to expiry – see Temporary Skill Shortage (TSS) visa – Sponsorship Renewal.
SBS Requirements
General
• To become a standard business sponsor, you must meet a number of general requirements. These include:
• being a lawfully operating business
• having no relevant adverse information against your business
• You must demonstrate that your business is both:
• legally established
• operating, irrespective of whether the business operation is inside or outside Australia.
• Adverse information – When we become aware of adverse information, we can:
• disregard it if it is reasonable to do so
• refuse your sponsorship application.
• Age Requirements – There is no age requirement for this visa.
Businesses in Australia
• You must attest in writing (as part of your application form) that you have a strong record of, or a demonstrated commitment to employing local labour. You must also declare that you will not engage in discriminatory recruitment practices.
Businesses outside Australia
• You must be seeking to employ a skilled worker to either:
• establish, or help establish, a business operation in Australia
• fulfil or assist in fulfilling obligations for a contract in Australia.
• Examples of the documents required for overseas businesses not currently operating in Australia are in the Document checklist for TSS employers.
Change to Business Structure
• Businesses sometimes decide to change their structure and this can have implications if your business sponsors TSS or 457 visa holders.
• Changing your business structure could also have implications for you and your visa holders if you want to sponsor them for a permanent visa in the future. You should read the Employer Nomination Scheme pages for more information.
Government Fees
• The Employer fee is AUD 420
• For the visa applicant (that is, the nominee) the costs are:
• short-term stream applicants: from AUD 1,175
• medium-term and labour agreement stream applicants: from AUD 2,455.
• Other costs:
• Visa applicant may have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests.There is also a fee for additional family members who are coming to Australia with applicant
Note: Employer is required to pay for any costs associated with the sponsorship and nomination applications. These costs must not be passed on to visa applicant
• Sponsors who qualify for accredited status will receive priority processing of all TSS nomination and visa applications, with most applications processed in less than five days
• Certain low risk TSS nomination applications lodged by sponsors granted accredited status after 1 July 2016 will receive streamlined processing
• You can apply for accredited status when you apply to become a standard business sponsor or when you renew your existing sponsorship
• If you do not meet the characteristics for accredited status, your application for standard business sponsorship will still proceed and be assessed in the usual way
• To be approved for accredited status, you must meet standard sponsorship requirements, as well as the additional characteristics for one of the four categories listed below at the time of application:
• Category 1
• Commonwealth, state and territory government agencies
have Australian workers comprising at least 75% of their workforce in Australia
• Category 2
• Australian Trusted Traders
have Australian workers comprising at least 75% of their workforce in Australia
engage all TSS and/or subclass 457 visa holders as employees under a written contract of employment that includes at least the minimum employment entitlements as required under the National Employment Standards (NES) (unless their occupation is exempt from this requirement)*
have all Australian employees paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates for all occupations in their business*
• Category 3
• Low volume usage and high percentage of Australian workers (at least 85%)
have Australian workers comprise at least 85% of their workforce in Australia
are not a sole trader or a partnership**
• have an annual turnover of at least AUD4M for the last two years***
• have been a standard business sponsor for at least one year***
• have nominations approved for at least one primary TSS or subclass 457 visa holder in the last year***
• have a nomination non-approval rate of less than 3% for the last year
• have no adverse monitoring outcomes
• have all Australian employees paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates*
• engage all TSS and/or subclass 457 visa holders as employees under a written contract that meets NES where they apply*
Category 4
• High volume usage and medium percentage of Australian workers (at least 75%)
• have Australian workers comprise at least 75% of their workforce in Australia
are not a sole trader or a partnership**
• have an annual turnover of at least AUD4M for the last two years
• have been a standard business sponsor for at least two years
• have nominations approved for at least 10 TSS and/or subclass 457 visa holders in the last two years
• have a nomination non-approval rate of less than 3% for the last two years
• have no adverse monitoring outcomes
• have all Australian employees paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates*
• engage all TSS and/or subclass 457 visa holders as employees under a written contract that meets NES where they apply*
*Additional evidentiary documentation must be provided against these characteristics
**The Department may approve accreditation for large partnerships in industries where this is a common business structure, and where the employer meets other criteria (for example, legal and medical practices). These will be assessed on a case-by-case basis where accreditation is requested by partnership and a submission is provided requesting special consideration.
***The Department may approve accreditation for start-up businesses who wish to apply for accreditation but do not meet these requirements where special circumstances apply (e.g. part of a government entrepreneurship program/award winner). These will be assessed on a case-by-case basis where accreditation is requested by a start-up business and a submission is provided requesting special consideration.
• Can my accreditation be revoked?
• Yes. Your sponsorship accreditation status can be revoked if you no longer meet the required characteristics for accreditation. Where this occurs, you will no longer be eligible to access the benefits mentioned above. Your approval as a standard business sponsor will, however, remain in place until it expires.
• Your sponsorship accreditation may also be revoked if:
• you have provided your employee (or their dependants) a reference confirming that they are of good character and have not been convicted of any criminal offences for the purposes of not undertaking any police clearances from countries other than Australia and
your sponsored employee (or their dependants) are subsequently found to fail the character test.
• Character references for TSS visa applicant(s):
• Applicants who are sponsored by an accredited sponsor, are not required to obtain police certificates from countries other than Australia provided they attach a written reference from their accredited sponsor confirming that they are of good character and have not been convicted of any criminal offences. The applicants must still, however, provide any required Australian police clearances where applicable or when requested to do so. The reference must be on company letterhead, and include the:
• names of the sponsor and the full name of the person signing the reference
• full name(s) and date(s) of birth of visa applicant(s).
Shanthi Silva was admitted as a Lawyer in the Supreme Court of the State of New South Wales, Australia in February 2010. Shanthi is also qualified as a Bachelor of Business with major studies in Industrial Relations and Human Resource Management. Having worked in Government, Industry and Corporate sectors her legal experience includes Compliance law, Industrial Relations law, Employment law and Migration Law.
Qualifications
LLB, Grad. Dip Legal Practice
B.BUS (Industrial Relations & Human Resource Management)
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