TSS 482 visa self sponsorship

Note: The above policy settings do not prevent individuals from sponsoring themselves (that is, “self-sponsorship”) – however, in such cases there needs to be another reason for the position being created.

It cannot just be to facilitate a long-term stay in Australia and/or create a pathway to permanent migration. Such arrangements can be approved under policy if there will be a genuine economic benefit resulting to Australia (for example, an innovative IT entrepreneur intends to move their business to Australia, which will support growth in the technology sector and create jobs for Australians).

Shelf companies that have been legally established but not operating any business activity do not meet TSS sponsorship requirements.

Related:

• Tasks of the position and nominated occupation
• Recruiting for Healthcare Positions Overseas
• Work Visas
• TSS 482 visa – Adverse Information
• TSS 482 visa – Direct employer or associated entity
• ‘Legacy 457 Worker’ Age Limit Exemption for 186 Permanent Visa
• TSS visa self sponsorship
• TSS 482 Visa and Start-Ups
• Assessing genuineness – 482 TSS visa
• Are part-time positions acceptable for the 482 TSS visa?

Sole Trader and TSS visa sponsorship

This is the simplest business structure, in which one person owns and operates the business. A sole trader may engage employees to assist in day-to-day operations but such employees have no share in the business.

The terms ‘sole trader’ and ‘sole proprietor’ are inter-changeable.

Features of this business structure include:

• one person owns, operates and controls the business;
• the business is not a legal entity separate from its owner;
• the owner provides capital and is responsible for all business decisions;
• the owner is personally liable for debts of the business – unlimited liability;
• business finances and accounts are to be kept separate from personal finances;
• registration of the business name (if operating under a business name) may be required; and
• taxed as an individual.

Entities that operate under this structure include small businesses such as shops, service providers and certain professional practices.

An individual carrying on a business activity (as a sole trader/sole proprietor) cannot sponsor themselves.
This is on the basis that the employment must be based on a contractual relationship between an employer and employee. In the case of a sole trader sponsoring themselves, such a contractual relationship cannot exist because the employer and the employee would be the same ‘person’ (individual).