Sponsoring Skilled Migrants: SBS Process, Obligations, and Main Considerations
With the changes of Subclass 482 Skills in Demand Visa employment-sponsored visa in December 2024, the specific process and required documents for sponsoring a visa applicant will vary depending on the visa category chosen. Hence, it is important for the employer to understand these differences to ensure a smooth application process.
What are Your Standard Business Sponsorship (SBS) Obligations?
As a Standard Business Sponsor (SBS), you have several obligations designed to protect overseas skilled workers and ensure the integrity of the visa programs. By meeting these obligations, you help to:
Protect overseas skilled workers from exploitation.
Ensure that the Skill in Demand (SID) (Subclass 482) Visa and Skilled Employer Sponsored Regional (SESR) (Subclass 494) visa programs are used to address genuine skills shortages in Australia.
Long-Term Obligations
It is important to note that some obligations extend beyond the term of your sponsorship approval. You must consistently meet these obligations to retain or renew your standard business sponsorship.
What If There are Changes to Your Business Structure?
If there are changes to your business structure that result in the formation of a new legal entity (e.g., transitioning from a sole trader to a company), you must take the following steps:
New Sponsorship Application: The new legal entity must apply to become a standard business sponsor.
Lodge New Nominations: You must submit new nominations for each visa holder currently employed under the previous sponsorship.
What are the Consequences of Non-Compliance?
Failure to comply with these requirements may lead to serious consequences, including:
Breaching visa conditions for your workers could result in visa cancellation.
Breaching your sponsorship obligations.
Complications in sponsoring individuals for permanent visas in the future.
Updating Sponsor Information
If there are changes to your business that affect your sponsorship, you must update the changes in your ImmiAccount. This ensures that the Department of Home Affairs has accurate and up-to-date information regarding your sponsorship status.
Becoming Accredited Sponsor
You can also apply for accreditation as a business when applying to become a standard business sponsor (SBS) or renew your existing sponsorship. Accreditation can enhance your sponsorship status and provide additional benefits.
Renewing Your Sponsorship
You should apply to renew your sponsorship approximately 2 months before your current sponsorship expires. The expiration date is displayed in your ImmiAccount under the original sponsorship application.
What are the Important Considerations for Renewal?
If your sponsorship expires while your renewal application is being processed, any unfinalised nomination applications will be put on hold until a decision is made on your renewal.
If approved, your renewed sponsorship will begin from the date of approval, not from the expiration date of your current sponsorship.
If your current sponsorship ends before you submit your renewal application, you must lodge a completely new sponsorship application, and any related unfinalised nomination applications will be refused.
How Can Agape Henry Crux Assist
Successfully sponsoring an applicant requires careful attention to the process, obligations, and potential changes in your business structure. By staying informed and compliant, you can ensure a positive experience for your business and the skilled workers you aim to employ.
At Agape Henry Crux, our Accredited Specialist(s) Immigration Lawyers and our team of immigration lawyers and migration agents specialise in handling highly complex matters. To seek professional advice, you may schedule an appointment with one of our lawyers or agents by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
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