Businesses that seek to sponsor overseas applicants for certain visa subclasses must first apply to become a Temporary Activities sponsor. Once your business is approved as a temporary activity sponsor, it will last for a period of five years.
So when do you need to become a temporary activity sponsor?
Well, you need to be a temporary activities sponsor if you would like to sponsor an overseas applicant for one of the following visa subclasses:
- Subclass 403 Temporary Work (International Relations) visa under the Pacific Australia Labour Mobility (PALM) stream;
- Subclass 407 Training visa; and
- Subclass 408 Temporary Activity visa (the entity must be a temporary activities sponsor only under certain streams in specified circumstances).
In this article, we discuss how to become a temporary activities sponsor, by taking a look at the requirements that must be satisfied to qualify for approval as a temporary activity sponsor and the process for applying to become a temporary activity sponsor, including how to become a subclass 403, 407 and 408 visa sponsor.
First up, let us examine the requirements to become a temporary activities sponsor.
Requirements To Become A Temporary Activities Sponsor
To qualify for approval as a temporary activity sponsor, an entity must meet the criteria as set out below.
Be A Certain Type Of Organisation
An entity seeking approval as a temporary activities sponsor must be one of the following types of organisations:
- an Australian organisation that is lawfully operating in Australia;
- a government agency;
- a foreign government agency;
- a sporting organisation that is lawfully operating in Australia;
- a religious institution that is lawfully operating in Australia;
- a person who is the captain or owner of a superyacht, or an organisation that operates a superyacht; or
- a foreign organisation that is lawfully operating in Australia.
What Is An Australian Organisation?
An Australian organisation means a body corporate, partnership or an unincorporated association (other than an individual or a sole trader) that is lawfully established in Australia. So this would include the following types of entities:
- Partnership
- Company
- Joint venture
- Not-for-profit organisation
- Unincorporated association
- Incorporated association
- Cooperatives.
Individuals, sole traders and sole proprietors are not Australian organisations for this purpose.
What Is A Government Agency?
A government agency means an agency of the Commonwealth or of a State or Territory.
What Is A Foreign Government Agency?
A foreign government agency includes the following:
- an organisation that is conducted under the official auspices of a foreign national government and that is operating in Australia (including foreign tourist and media bureaus, trade offices and other foreign government entities);
- a foreign diplomatic or consular mission in Australia;
- an organisation that is conducted under the official auspices of an international organisation recognised by Australia and that is operating in Australia.
What Is A Sporting Organisation?
A sporting organisation means:
- an Australian organisation that administers or promotes sport or sporting events;
- a government agency that administers or promotes sport or sporting events; or
- a foreign government agency that administers or promotes sport or sporting events.
What Is A Religious Institution?
A religious institution means a body
- the activities of which reflect that it is a body instituted for the promotion of a religious object;
- the beliefs and practices of the members of which constitute a religion due to those members believing in a supernatural being, thing or principle and accepting the canons of conduct that give effect to that belief, but that do not offend against the ordinary laws;
- that meets the requirements of section 50-50 of the Income Tax Assessment Act 1997; and
- the income of which is exempt from income tax under section 50-1 of that Act.
No Adverse Information
There must be no adverse information known to Immigration about the temporary activities sponsor applicant or a person associated with the applicant, or it is reasonable to disregard this information.
Comply With Sponsorship Obligations
The temporary activity sponsor applicant must have the capacity to comply with the Sponsorship obligations to which they are subject. Note that sponsorship obligations that apply will depend on the visa subclass, visa stream and/or activity type being applied for. But essentially, this criterion involves an assessment of the ongoing viability and financial strength of the entity that is applying to become a temporary activities sponsor.
Sponsorship Obligations That Apply To All Temporary Activity Sponsors
The following sponsorship obligations apply to all temporary activities sponsors:
- Cooperate with inspectors
- Keep records
- Provide records and information to the Minister
- Notify the Department when certain events occur
- Notify the Department of an event or change
- Not recover, charge or transfer certain costs
- Pay costs to locate and remove an unlawful non-citizen
Sponsorship Obligations That Apply To Temporary Activity Sponsors Of Subclass 407 Visa Holders
The following sponsorship obligations apply to sponsors of subclass 407 visa holders:
- Ensure the visa holder undertakes the job, program or activity described in their visa application
- Secure an offer of a reasonable standard of accommodation for the visa holder
Sponsorship Obligations That Apply To Temporary Activity Sponsors Of Subclass 408 Visa Holders
The following sponsorship obligations apply to subclass 408 visa sponsors:
- Ensure the visa holder undertakes the job, program or activity described in their visa application
- Secure an offer of a reasonable standard of accommodation for the visa holder
- Pay travel costs of sponsored visa holders
Sponsorship Requirements For Subclass 403 Visa Applicants
In order for the visa applicant to meet the criteria for grant of the subclass 403 Temporary Work (International Relations) visa under the Pacific Australia Labour Mobility (PALM) stream, the sponsoring entity must:
- be an approved sponsor that has agreed to be the sponsor of the applicant;
- be a temporary activities sponsor that is and the sponsor is participating, as an employer, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs;
- not have withdrawn the sponsor’s agreement to be the sponsor of the applicant; and
- not have ceased to be the sponsor of the applicant.
There must also be no adverse information known to Immigration about the sponsor or a person associated with the sponsor, or it is reasonable to disregard this information.
Sponsorship Requirements For Subclass 407 Visa Applicants
In order for the visa applicant to meet the requirements for grant of the subclass 407 Training visa, the following sponsorship requirements must be met:
- an approved sponsor has agreed, in writing, to be the sponsor of the applicant;
- the sponsor is a temporary activities sponsor;
- the sponsor has not withdrawn its agreement to be the sponsor of the applicant; and
- the sponsor has not ceased to be the sponsor of the applicant.
Additionally, If the approved sponsor is not a Commonwealth agency:
- the sponsor has nominated a program of occupational training in relation to the applicant;
- the nomination has been approved;
- the approval of the nomination has not ceased; and
- there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor, or it is reasonable to disregard this information.
We recommend that you refer to our article on the 407 Training Visa Requirements And Occupations to learn more about the subclass 407 Training visa.
Sponsorship Requirements For Subclass 408 Visa Applicants
In order for the visa applicant to meet the requirements for grant of the subclass 408 Temporary Activity visa in certain visa streams, the subclass 408 visa sponsor must pass the sponsorship test, which is as follows:
- the entity is an approved sponsor;
- the entity has agreed, in writing, to be the sponsor of the applicant;
- the entity has not withdrawn that agreement;
- the entity has not ceased to be the sponsor of the applicant; and
- there is no adverse information known to Immigration about the person, or a person associated with the person, or it is reasonable to disregard this information.
Be mindful that each visa stream of the subclass 408 visa specifies the 408 visa sponsor requirements that apply, including whether a temporary activities sponsor (or other type of sponsorship) is required to meet visa grant requirements.
How To Apply To Become A Temporary Activity Sponsor
To become a temporary activities sponsor, the entity must apply online on ImmiAccount and lodge a sponsorship application.
The temporary activity sponsorship application fee is $420, payable at time of lodgement of the application.
Provide Supporting Documentary Evidence
At time of lodgement of the application to become a temporary activities sponsor, the documents which should be submitted to the Department outlined below.
Evidence That The Entity Operates Lawfully In Australia
To following documents should be provided to demonstrate that the business is active and operating lawfully in Australia:
- Certificate of registration for tax purposes showing the Australian Business Number (ABN);
- Business names extract (if operating under a trading name)
- Australian Securities and Investments Commission (ASIC) registration and historical company extract (if the organisation is a company)
- the pages listing the parties to the franchise agreement and the signature pages of the agreement (if operating under a franchise)
- the pages listing the parties to the trust and signature pages of the trust deed (if operating under a trust)
- ASIC registration and historical company extract (if the trustee of the trust is a company)
- Tax exemption certificate (if the organisation is a non-profit)
Evidence That The Entity Can Meet Its Sponsorship Obligations
The following evidence should be provided to demonstrate that the entity will be able to satisfy its sponsorship and support requirements:
- bank statements for at least the previous six months
- the most recent tax return
- profit and loss statements and balance sheets for the last financial year
- a letter of support from a qualified accountant who is CPA, CA or Institute of Public Accountants (IPA) registered
- a letter of support from a reputable financial institution that clearly summarises the entity’s ability to meet its financial responsibilities
Note that certain sponsors need to provide additional evidence specific to their circumstances (such as owners, operators and captains of superyachts, religious organisations and businesses that have been operating for less than 12 months).
Get More Information
Skilled Visa Options For Selected Occupations
Please refer to our series of articles on the skilled visa options that are available for selected occupations below:
Visa Options For Professionals
Skilled Trade Visa Options In Australia
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
Migrate To Australia As A Plastics Moulder Machine Operator, Fabricator, Welder Or Technician
Migrate To Australia As A Pig Farmer Or A Senior Piggery Stockperson
Migrate To Australia As A Small Engine Mechanic
Migrate To Australia As A Sandblaster
Employer Sponsored Regional Visa
For information on the subclass 494 regional employer sponsored visa, please see the following articles:
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Requirements For Regional Employer Sponsored Skilled Visas
Employer Sponsored Visa
To learn about an employer sponsorship visa, including the subclass 482 TSS visa, please see the following articles:
Employer Nomination Migration Scheme
Employer Sponsor Visa Requirements
Changes To 457 Temporary Work Skilled Visa
Business Requirements For Accredited Sponsorship
Does 482 Visa Require Skills Assessment
Subclass 482 – A Guide to Temporary Skill Shortage
Permanent Residence Eligibility Extended For Certain Subclass 457 And 482 Visa Holders
How To Sponsor An Employee For A Work Visa Or Permanent Residency
Overview Of Australian Work Visas And Employer Sponsorship
Guide To Australian Sponsorship Visa Costs
Labour Market Testing Requirements
Skilled Visa
To learn about applying for a skilled visa, please see the following articles:
Australian Skilled Migration Visa List
General Skilled Migration Visa Options
SAF Skilling Australians Fund Levy
General Skilled Migration Visa Points
Subclass 190 State Sponsorship Visa
Australian Skilled Occupations List
Australian Permanent Resident Visa Case Study
State Sponsorship Visas In Australia
South Australia State Sponsorship Opportunities
Skilled Regional Visa Australia
Regional Sponsor Migration Scheme
Regional Sponsored Visa Requirements
Visa Options For Professionals
Skilled Trade Visa Options In Australia
English Requirements For Skilled Visas
Australian Visa Options For IT Occupations
Australian Immigration And Visa Options For Doctors
Australian Immigration And Visa Options For Nurses
Australian Visa Options For Engineers
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Contact us to book a no-obligation consultation to find out more about how to become a temporary activities sponsor and how to sponsor overseas applicants for a subclass 403, 407 or 408 visa, including how to become a subclass 403, 407 or 408 visa sponsor.
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In conclusion, we note that the above discussion provides an overview of the requirements that must be satisfied to qualify for approval as a temporary activity sponsor and the process for applying to become a temporary activity sponsor, including how to become a subclass 403, 407 and 408 visa sponsor.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in sponsoring an overseas applicant in your organisation, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this.
For up-to-date advice about becoming a temporary activities sponsor, including the requirements that must be satisfied to qualify for approval as a temporary activity sponsor and the process for applying to become a temporary activity sponsor as well as how to become a subclass 403, 407 and 408 visa sponsor, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
