Overseas Business Sponsorship for TSS visa

In practice, there are two types of SBS – an Australian Business Sponsor (ABS) and an Overseas Business Sponsor (OBS). This is because businesses need to meet different criteria to become an SBS, depending on whether they are operating a business inside or outside Australia.

Employers and businesses from overseas who do not have operations in Australia have the option to sponsor employees on the TSS 482 visa program.

Overseas businesses need to demonstrate to the satisfaction of the decision maker that they are legally established under the relevant laws of the country in which they operate. This means that, if there is a business registration system under the laws of the home country, it is expected that the applicant would be registered in accordance with those laws and requirements. Applicants who operate a business in their home country without registration in a situation where there is provision for this would not be considered as meeting the “lawful” component of the ‘lawfully operating a business’ criterion.

Is my business eligible to sponsor under the TSS 482 visa program?
  • If an overseas business registered in Australia (refer to Assessment of ‘lawfulness’ – Australian business in relation to ARBN and ABN) is in fact also operating a business in Australia, it would be appropriate for the Australian registered entity of that overseas business to be the applicant for SBS approval.
  • If an overseas business 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 the supporting documentation points to the business operation being undertaken exclusively outside Australia, it is appropriate for the overseas business to be the applicant for SBS approval.
Type of sponsor Start date of new sponsorship period Cease date of new sponsorship period
Australian Business Sponsor The day on which the approval is granted, unless the person is already a SBS sponsor, in which case it starts immediately after their earlier SBS approval ends. 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 day on which the approval is granted or immediately after a subsequent approval is granted.

Cons

The TSS 482 holder must work directly for the sponsor, rather than an “associated entity” as for Australian business sponsors.

Overseas Business Sponsors cannot sponsor for permanent visas such as ENS and RSMS.

Operating a business outside Australia

Usually the OBS needs evidence that demonstrates that their purpose for seeking approval as a SBS is to:

  • enable the sponsoring of TSS visa holders/applicants, who will establish, or assist in establishing, on the applicant’s behalf a business operation in Australia with overseas connections; or
  • fulfil or assist in fulfilling a contractual obligation for the applicant.

Examples of types of evidence that may be considered by the decision maker include, but are not limited to:

  • a company or business expansion plan;
  • a joint venture agreement between standard business sponsorship applicant and party in Australia; or
  • a contract between standard business sponsorship applicant and a party in Australia