Can I sponsor someone for a TSS 482 visa if I am a start-up?
For the purposes of TSS 482 visa, 186 visa , 494 visa , the sponsoring business must show that ‘operating a business’. To demonstrate that its business is operating, the applicant’s business should have a system of record keeping that substantiates the business activities claimed.
Irrespective of whether the applicant for SBS approval is legally established in or outside Australia, the criterion also requires the applicant to be ‘operating a business’ to satisfy the criteria.
Shelf companies that have been legally established but not operating any business activity cannot satisfy the requirement. However, it is possible for applicants who are new or start-up businesses (that have operated for less than 12 months) to meet this criterion if they provide evidence to demonstrate that they are in fact operating, even if they have been doing so only for a short time.
Related: Start Up
The types of evidence that may be submitted by an applicant in support of their application – documents which are typically associated with established businesses – include, but are not limited to, the following:
- balance sheet or statement of position for the most recently concluded fiscal year (with comparative figures for previous fiscal year)
- profit and loss statement (or statement of performance) for the most recently concluded fiscal year, with comparative figures for the previous fiscal year
- business tax returns for the most recently concluded fiscal year
- if the fiscal period to which the financial statements or tax returns submitted relate ended more than 3 months before the application was lodged – a business activity statement (BAS) for each complete quarter between the end of the fiscal period and the date of application lodgement
- detailed business plan
- contract of sale relating to the purchase of the business
- lease agreement relating to business premises
- evidence of lease or purchase of, for example, machinery, equipment or furniture
- contracts to provide services
- evidence of employment of staff
- business bank statement covering the period of operation
- annual report
- letter of support from the accountant to the business.An SBS applicant could provide a combination of any of the above examples of documentation as evidence of their business operation. The type and extent of the evidence required would vary depending on the specific circumstances of the applicant.To assist with assessment of whether the applicant meets the ‘operating a business’ component of the criterion, DHA may, if necessary, request more information than what the applicant has already provided.
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