Hiring from overseas, from sponsorship approval to ongoing compliance

Employer Sponsorship

Before you can lawfully hire from overseas, the business has to be approved as a sponsor. What the process requires and which documents you need depend on the structure, size and trading history of the business, so reviewing it at the recruitment planning stage is usually faster overall.

We work through the following with you.

• Business eligibility: assembling evidence that the business is actively and lawfully operating.
• Confirming that the position you intend to fill falls within a sponsorable occupation.
• Advance briefing on sponsorship obligations: what you must comply with once approved.
• Building a timeline that matches the scale and timing of your recruitment.

Standard Business Sponsorship

Standard Business Sponsorship (SBS) is the approval that allows a business to sponsor skilled workers from overseas. Once approved, you can lodge multiple nominations over the approval period.

The documents usually prepared for an SBS application.

• Business registration and evidence that the business exists (ABN, financial statements, bank transaction records).
• Evidence of current trading activity showing the business is genuinely operating.
• Employment law compliance history, with a separate explanation where there have been past sanctions.
• Guidance on the Skilling Australians Fund (SAF) levy where applicable.

Application charges, the SAF levy amount and the approval period change as the system is reformed, so we advise on the current position at the consultation.

Nomination

Nomination is where an approved sponsor identifies the position and the person it intends to fill it with. In practice the visa application is won or lost on how well this stage is prepared.

The key issues at the nomination stage.

• Position description: making sure the occupation code (ANZSCO) and the actual duties line up.
• Salary requirements: calculating the market salary rate and assembling the supporting evidence.
• Labour Market Testing (LMT): where required, checking that the advertising requirements and periods have been met.
• Genuineness of the position: evidence that the role is genuinely necessary to the operation of the business.

A mismatch in the occupation code is difficult to unwind at later stages. We recommend speaking with us before you place the job advertisement.

Compliance

Sponsorship approval is only the beginning. After approval the business has continuing obligations, and it may become subject to monitoring by the Department of Home Affairs.

We support the following ongoing obligations.

• Sponsor obligation reviews: record keeping, notification of changes, and compliance with terms of employment.
• Meeting notification obligations when employment conditions change (position, salary, business details).
• Responding to Home Affairs monitoring and requests for information.
• Responding to and making submissions on sanctions where a breach has been identified.

A breach directly affects your future ability to sponsor. Reviewing compliance periodically costs far less than dealing with a problem after it arises.