TSS 482 visa self sponsorship

The subclass 482 TSS Visa program is designed to enable employers to address labour shortages by bringing in genuinely skilled workers in circumstances where they cannot source an appropriately skilled Australian to fill the position. As a result, it should not be used by businesses primarily to “create a position” – for example, in order to facilitate the entry, or stay, of the nominee and/or a family member to Australia rather than using more appropriate visa pathways where available.

Eight examples of factors that might indicate that facilitating the entry or stay of the nominee is the primary objective of the application are:

  • The nominee is a relative or personal associate of an officer of the sponsoring business.
  • The nominee is a director or owner of the sponsoring business.
  • The nominee is currently in Australia and already working for the sponsor and the nominee’s immigration history in Australia suggests that their primary motive is to stay in Australia on any type of visa.
  • The business has been in existence for a very short period of time (for example, the business was created in the last 3-6 months and appears to have been “created” for the purpose of migration).
  • The proposed salary is significantly lower than industry standards, or is above AUD250,000 and this does not appear to be consistent with labour market conditions.
  • The business has a relatively small turnover that could indicate that, at the nominated salary provided, it would be difficult to support the number of proposed employees at the business.
  • The business does not employ any, or employs very few, Australian workers.
  • There is evidence that the business may have received, or will receive, payment from the nominee for lodging the nomination.

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.


Sole Trader and 482 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).

Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.