Fact Sheet 52 - Sponsored Business Visitor Visa
The Sponsored Business Visitor (Short Stay) (subclass 459) visa is an alternative to the standard Business Visitor (Short Stay) (subclass 456) visa.
The aim of the Sponsored Business Visitor visa is to offer Australian business an onshore alternative to the standard Business Visitor visa. By allowing Australian businesses to lodge the applications and sponsorship directly at a centre of excellence, the department is able to better accommodate requests from sponsors.
The visa is designed for applicants who wish to enter Australia for a period of no more than three months for business purposes. Business activities may include attending a conference, undertaking negotiations or conducting an exploratory business visit. They may not include the undertaking of employment that could have an adverse effect on the employment and training opportunities of Australian citizens or Australian permanent residents.
The requirements for a Sponsored Business Visitor visa are similar to the requirements for the standard Business Visitor visa.
However, a Sponsored Business Visitor visa applicant must be formally sponsored at the time of their application.
The key features of the visa
The key features of the visa are:
- mandatory sponsorship
- onshore lodgement of the visa application at a centre of excellence
- a maximum period of stay of three months
- a discretionary security bond can be imposed.
Eligibility
To be eligible for a Sponsored Business Visitor visa, applicants must:
- be outside Australia at time of application
- have a background that is relevant to their proposed activity in Australia
- have a demonstrated need to be in Australia to carry out that business
- have adequate funds to support their stay in Australia, and
- demonstrate that they will not be undertaking any business-related activities which would disadvantage an Australian citizen or Australian permanent resident.
To be eligible to sponsor a Business Visitor, a sponsor must be:
- an organisation specified by legislative instrument
- a federal, state or territory member of parliament
- an authorised person representing a Commonwealth, state or territory agency
or - a local government mayor.
Sponsors are permitted to sponsor more than one business visitor at any one time.
An Australian sponsor must vouch for an applicant's purpose of visit and provide an undertaking that their business visitor will abide by visa conditions, including that they depart Australia before their visa expires.
Applicants must complete an application form (form 1238), sponsors must complete a sponsorship form (form 1235). These forms are available from the website.
See:
Form 1235 – Application for sponsorship for Sponsored Business Visitors (short stay) (157KB PDF file)
Form 1238 – Application for a Sponsored Business Visitor (short stay) visa (for a stay of up to 3 months) (186KB PDF file)
The sponsorship form along with the application and supporting documentation must be lodged by the Australian sponsor at the appropriate centre of excellence or at any state or territory office.
The applicant must not be in Australia at the time of application.
Visa conditions
By entering into partnership with the department, sponsors need to be aware that the ongoing value-added service that they receive is linked to their support of the business visitors and their undertaking that, to the best of their ability, the applicant intends a genuine business visit.
The department needs to know if a person who has been vouched for has not abided by the condition of their visa. If breaches occur, the centre of excellence needs to be made aware so that they can work more closely with the sponsor to ensure that the risk of a breach reoccurring is minimised.
Conditions attached to the visa are:
- 8112 – must not undertake work which could be carried out by an Australian citizen or Australian permanent resident (mandatory)
- 8106 – must engage in work in Australia only if the work is relevant to the conduct of the business specified in the visa application (discretionary)
- 8503 – no further stay (discretionary)
- 8531 – must depart within the validity of the Sponsored Business Visitor visa (discretionary).
If a business visitor breaches visa conditions, it may lead to cancellation of their visa, and other penalties. If the sponsor has lodged a security bond, this may be forfeited.
Other business visitor visas
Other business visitor visa categories include:
- Business Visitor (Short Stay) Visa (subclass 456)
- Electronic Travel Authority (ETA) Business Entrant (Long Validity) (subclass 956)
- Electronic Travel Authority (ETA) Business Entrant (Short Validity) (subclass 977)
- eVisitor (subclass 651).
People who want to support a business visitor without lodging a formal and legal sponsorship, can do so by providing letters of support with visa applications.
Further information is available on the department's website.
See: www.immi.gov.au
The department also operates a national general enquiries line.
Telephone: 131 881
Hours of operation: Monday to Friday from 8.30 am to 4.30 pm. Recorded information is available outside these hours.
Fact Sheet 52. Produced by the National Communications Branch, Department of Immigration and Citizenship, Canberra.
Last reviewed 18 February 2011.
© Commonwealth of Australia 2010.
