Are you thinking about sponsoring foreign workers in your business? If so, you may like to consider becoming an accredited sponsor. Why? Because an accredited sponsorship status provides several benefits to standard business sponsors, including priority processing of certain applications that are lodged with the Department of Home Affairs (the Department) and simplified character requirements for certain visa applicants that are nominated by the entity.
Interested? Read on to find out more about the benefits of becoming an accredited sponsor, the requirements that must be satisfied in order to qualify for accredited sponsorship and the process for applying, as well as links to further information about accredited sponsorship.
We begin our discussion by taking a look at the benefits of being an accredited sponsor.
What Are The Benefits Of An Accredited Sponsorship?
Priority Processing
Becoming an accredited sponsor means that your business will receive priority processing for all nomination and visa applications lodged under the following visa programs:
- Subclass 482 Temporary Skill Shortage (TSS) visa; and
- Subclass 494 Skilled Employer Sponsored Regional (SESR) (Provisional) visa.
Based on current Ministerial Direction No. 100 (which sets out the processing priorities for skilled visa applications), employer sponsored visa applications where the applicant is nominated by an approved sponsor with accredited status are processed second in order or priority (second only to visa applications in relation to a healthcare or teaching occupation, which are currently ranked first in order of processing priority).
Streamlined Processing
As an accredited sponsor, your business will also receive streamlined processing for certain low-risk nominations that are lodged with the Department of Home Affairs (the Department).
This means that certain nomination requirements are able to be satisfied based on a certification on the nomination form as lodged with the Department, together with additional documentation and information that is provided to the Department as part of the sponsorship application/accreditation approval process.
Sponsor Character Reference
As an accredited sponsor for the 482 and 494 visa programs, another benefit is that the entity will have the option to provide a character reference for all TSS visa applicants that it has nominated.
Applicants who are sponsored by an accredited sponsor, are not required to obtain police certificates from countries other than Australia, provided they attach a written reference from their accredited sponsor confirming that they are of good character and have not been convicted of any criminal offences. The Department will generally rely on the accredited sponsor’s reference instead of overseas police certificates provided by applicants to show their good character.
How Can You Apply To Become An Accredited Sponsor?
You can apply for accredited sponsorship as part of your application to become an approved Standard Business Sponsor (SBS), or when applying to renew your business’ sponsorship.
If your application to become an accredited sponsor for the 482 and 494 visa programs is successful, your business will be granted accredited sponsorship for up to five years from the date of approval of the SBS and accreditation (as the term of the accredited sponsorship aligns with the Standard Business Sponsorship period).
What Are The Requirements To Become An Accredited Sponsor?
Standard Business Sponsorship
To become an accredited sponsor for the 482 and 494 visa programs, your business must be a Standard Business Sponsor. Please see our article on How To Become A Sponsor to learn about the requirements that must be met to receive approval as a standard business sponsor.
Meet The Requirements For A Category
To qualify for accredited sponsorship, your business must meet the requirements outlined for at least one of the five categories as set out below.
Category 1: Commonwealth, State Or Territory Government Agency
The sponsor must be a Commonwealth, state, or territory government entity where Australian workers comprise at least 75% of their workforce in Australia to qualify under Category 1.
No additional evidence is required to be submitted to apply for accredited sponsorship under category 1 (as the relevant information will be contained in the sponsorship and nomination applications lodged).
Category 2: Australian Trusted Traders
To be approved under Category 2, your business must meet the following requirements:
- must be an Australian Trusted Trader;
- Australian workers must comprise at least 75% of the business’ workforce in Australia;
- all subclass 482 visa holders must be engaged as employees under a written contract that meets National Employment Standards (NES) where they apply; and
- all employees must be paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates.
The following evidence must be provided:
- a copy of a template employment contract that is used for subclass 482 visa holders; and
- a copy of the Enterprise Agreement or internal salary table, as well as description of how your business used the evidence to determine that the salary rates contained in the document reflect the current market salary rates for occupations in your business (for example, Awards, remuneration surveys, job advertisements and Job Outlook).
All other relevant information is provided in the sponsorship and nomination applications lodged with the Department.
How To Become An Australian Trusted Trader
The following businesses are eligible to become an Australian Trusted Trader:
- importers, exporters and service providers;
- active in the international supply chain for two years;
- financially solvent;
- have an Australian Business Number (ABN).
To apply to become an Australian Trusted Trader, you need to:
- register for an ImmiAccount; and
- complete an online application.
For further information about the benefits, requirements and application process to become an Australian Trusted Trader, please refer to the Australian Border Force website.
Category 3: Low Risk Sponsor With Low Volume Usage And High Percentage Of Australian Workers
This category is designed for sponsors that are considered to be lower risk and are low volume users of the program.
To be approved under Category 3, your business must meet the following requirements:
- Australian workers must comprise at least 85% of your business’ workforce in Australia;
- Not be a sole trader or partnership;*
- Annual turnover must be at least four million for the last two years;**
- Must have been a standard business sponsor for at least one year;**
- There must be no adverse monitoring outcomes unless it is reasonable to disregard (the business must have complied with all of its sponsorship obligations);
- Nominations must have been approved for at least one primary Subclass 482 TSS visa holder in the last two years;**
- The nomination non-approval rate must be less than 3% for the last year (meaning at least 97% of nominations have been approved);
- all subclass 482 visa holders must be engaged as employees under a written contract that meets National Employment Standards (NES) where they apply; and
- all employees must be paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates.
*Note that the Department may approve accreditation for large partnerships in industries where this is a common business structure and where the business meets other criteria (for example, legal and medical practices). Where accreditation is requested by a partnership, this will be assessed on a case-by-case basis (a submission should also be provided requesting special consideration).
**Also be aware that the Department may approve accreditation for start-up businesses that wish to apply for accreditation but do not meet these requirements and special circumstances apply (for example, as part of a government entrepreneurship program/award winner). Where accreditation is requested by a start-up business, this will be assessed on a case-by-case basis (a submission should be provided requesting special consideration).
The following evidence must be provided:
- a copy of a template employment contract that is used for subclass 482 visa holders; and
- a copy of the Enterprise Agreement or internal salary table, as well as description of how your business used the evidence to determine that the salary rates contained in the document reflect the current market salary rates for occupations in your business (for example, Awards, remuneration surveys, job advertisements and Job Outlook).
All other relevant information is provided in the sponsorship and nomination applications lodged with the Department.
Be mindful that even where a requirement that is listed above is not met, the Department has the discretion to still approve the accredited sponsorship (as according to immigration policy, the intent of sponsorship accreditation is to acknowledge and reward low risk sponsors)
Category 4: Low Risk Sponsor With High Volume Usage And Medium Percentage Of Australian Workers
This category is designed for sponsors that are considered to be lower risk and higher volume users of the program.
To be approved under Category 4, your business must meet the following requirements:
- Australian workers must comprise at least 75% of your business’ workforce in Australia;
- Not be a sole trader or partnership;*
- Annual turnover must be at least four million for the last two years;**
- Must have been a standard business sponsor for at least two years;**
- There must be no adverse monitoring outcomes unless it is reasonable to disregard (the business must have complied with all of its sponsorship obligations);
- Nominations must have been approved for at least ten primary Subclass 482 TSS visa holders in the last two years;**
- The nomination non-approval rate must be less than 3% for the last two years (meaning at least 97% of nominations have been approved);
- all subclass 482 visa holders must be engaged as employees under a written contract that meets National Employment Standards (NES) where they apply; and
- all employees must be paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates.
*Note that the Department may approve accreditation for large partnerships in industries where this is a common business structure and where the business meets other criteria (for example, legal and medical practices). Where accreditation is requested by a partnership, this will be assessed on a case-by-case basis (a submission should also be provided requesting special consideration).
**Also be aware that the Department may approve accreditation for start-up businesses that wish to apply for accreditation but do not meet these requirements and special circumstances apply (for example, as part of a government entrepreneurship program/award winner). Where accreditation is requested by a start-up business, this will be assessed on a case-by-case basis (a submission should be provided requesting special consideration).
The following evidence must be provided:
- a copy of a template employment contract that is used for subclass 482 visa holders; and
- a copy of the Enterprise Agreement or internal salary table, as well as description of how your business used the evidence to determine that the salary rates contained in the document reflect the current market salary rates for occupations in your business (for example, Awards, remuneration surveys, job advertisements and Job Outlook).
All other relevant information is provided in the sponsorship and nomination applications lodged with the Department.
Be mindful that even where a requirement that is listed above is not met, the Department has the discretion to still approve the accredited sponsorship (as according to immigration policy, the intent of sponsorship accreditation is to acknowledge and reward low risk sponsors).
Category 5: Major Investment In Australia
This category is designed for sponsors that have significantly invested in Australia and created employment for Australians.
To be approved under Category 5, your business must meet the following requirements:
- Have made a major investment in Australia;
- Not be a sole trader or partnership;*
- Must have been a standard business sponsor for at least one year;**
- There must be no adverse monitoring outcomes unless it is reasonable to disregard (the business must have complied with all of its sponsorship obligations);
- Nominations must have been approved for at least one primary Subclass 482 TSS visa holder in the last two years;**
- The nomination non-approval rate must be less than 3% for the last year (meaning at least 97% of nominations have been approved);
- all subclass 482 visa holders must be engaged as employees under a written contract that meets National Employment Standards (NES) where they apply; and
- all employees must be paid in accordance with an Enterprise Agreement or an internal salary table that reflects the current market salary rates.
*Note that the Department may approve accreditation for large partnerships in industries where this is a common business structure and where the business meets other criteria (for example, legal and medical practices).
**Also be aware that the Department may approve accreditation for start-up businesses that wish to apply for accreditation but do not meet these requirements and special circumstances apply (for example, the entity is already recognised as a sponsor under the Global Talent Scheme).
The following evidence must be provided:
- a copy of a template employment contract that is used for subclass 482 visa holders; and
- a copy of the Enterprise Agreement or internal salary table, as well as a description of how your business used the evidence to determine that the salary rates contained in the document reflect the current market salary rates for occupations in your business (for example, Awards, remuneration surveys, job advertisements and Job Outlook).
All other relevant information is provided in the sponsorship and nomination applications lodged with the Department.
Be mindful that even where a requirement that is listed above is not met, the Department has the discretion to still approve the accredited sponsorship (as according to immigration policy, the intent of sponsorship accreditation is to acknowledge and reward low risk sponsors). For example, the Department may consider granting a business accredited sponsorship status if it is a high-yield business that is looking to relocate or expand in Australia and there is evidence of support from Australia’s Global Business and Talent Attraction Taskforce.
What Happens If Accredited Sponsorship Is Not Granted?
If a business applies to become an accredited sponsor for the 482 and 494 visa programs but is unsucessful, it can still be granted approval as a standard business sponsor (subject to meeting the relevant requirements) but without the accredited sponsorship status.
Can You Appeal If Sponsorship Accreditation Is Refused?
No, there is no dispute resolution available through the Administrative Appeals Tribunal (AAT).
Only in circumstances where an Australian business is refused standard business sponsorship approval would they have recourse to merits review of the decision by the AAT. Overseas Business Sponsors have no review rights.
What Happens If An Entity No Longer Meets Accredited Sponsorship Requirements?
Where a sponsoring entity fails to maintain the characteristics to be an accredited sponsor, their accredited sponsorship status can be revoked, meaning they will no longer receive priority processing or streamlined processing.
Note that the sponsorship agreement will remain in place until its expiry (unless the accredited sponsor status is revoked as a result of the cancellation of the sponsorship or barring of the sponsor).
How Much Does It Cost To Apply For Accredited Sponsorship?
The application fee to apply for approval as a standard business sponsor is $420, payable at time of lodgement of the sponsorship application.
No additional fee is payable to apply to become an accredited sponsor.
What Are An Accredited Sponsor’s Obligations?
As an accredited sponsor for the 482 and 494 visa programs, an entity is subject to the same sponsorship obligations that apply to non-accredited sponsors.
You can learn about these sponsorship obligations in our article on the 482 Visa Employer Obligations.
Get More Information
Requirements For Sponsorship Accreditation
For further information about the requirements that must be satisfied by an entity to become an accredited sponsor, how to apply for accredited sponsorship and character references for a visa applicant being nominated by an accredited sponsor, please refer to our article on the Business Requirements For Accredited Sponsorship.
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
Subscribe to our newsletter for regular updates and additional information.
Contact us to book a no-obligation consultation to find out more about how to sponsor workers from overseas for your business, including how to become an accredited sponsor for the 482 and 494 visa programs.
* * * * * * * * * * * *
In conclusion, we note that the above discussion provides an overview of sponsorship accreditation, including the benefits of becoming an accredited sponsor, the requirements that must be satisfied in order to qualify for accredited sponsorship and the process for applying. We also provide links to further information so that you can learn more about how to become an accredited sponsor for the 482 and 494 visa programs.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in sponsoring a worker from overseas for your business, 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 sponsorship of overseas workers, including the sponsorship accreditation requirements that must be met and the process for applying, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.
Sources/Links
Australian Border Force – Australian Trusted Trader – Overview
