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Visas, Immigration and Refugees

Employer Sponsored Workers

Impact of Worker Protection Regulations commencing on 14 September 2009 on overseas based standard business sponsors

Impact on sponsorships and variation of the term of sponsorship

To become approved as a standard business sponsor, an overseas business must:

  • apply for approval in accordance with the prescribed process, i.e. correct form and fee
  • not be a standard business sponsor already (unless they are a standard business sponsor because they were approved before 14 September 2009)
  • be lawfully operating
  • have no adverse information known about them or a person associated with them, unless it is reasonable to disregard the adverse information
  • be seeking to be approved as a standard business sponsor with the intention of sponsoring a Subclass 457 visa applicant/ holder to:
    • establish or assist in establishing a business operation in Australia with overseas connections on behalf of the overseas business, or
    • fulfil, or assist in fulfilling, a contractual obligation of the overseas business.

Overseas businesses which do not have any business operation in Australia are not required to meet the training requirement or make an attestation in relation to their record/commitment to employment of local (that is, Australian) labour or non-discriminatory employment practices.

Where an overseas business has established an Australian business operation, it is the Australian business operation that must apply for approval as a standard business sponsor and nominate Subclass 457 visa applicants/holders to work in Australia. This is so they can be assessed against the training and attestation requirements. The overseas business will not be able to sponsor a Subclass 457 visa holder to work in the Australian business operation. 

The criteria that apply to overseas standard business sponsors seeking to vary/extend the term of their sponsorship approval replicate the criteria for approval to become a standard business sponsor.
See: Form 1196S - Sponsoring overseas employees to work temporarily in Australia (230KB PDF file)
See also: Online Applications

Impact on Subclass 457 nominations

Overseas standard business sponsors must meet the same criteria as Australian standard business sponsors in order to have a nomination approved, including payment of market salary rates, with one key difference.  This difference is that the nominated occupation must be a position in the business of the overseas standard business sponsor – it cannot be with an associated entity of the sponsor.

The purpose of this difference is to prevent a multi-national company with a business operation in Australia from using its overseas business operation to become the standard business sponsor (thereby circumventing the training and attestation requirements) and then placing the Subclass 457 visa holder in the Australian business operation.
See: Form 1196N – Nominating overseas employees to work temporarily in Australia (318KB PDF file)

See also: Online Applications

Impact on Subclass 457 visas

The current arrangements regarding lodgement of valid applications by persons sponsored/nominated by overseas standard business sponsors have been preserved.

  • A primary applicant must lodge their visa application overseas using the approved paper application form and must be overseas at the time of application
    See: Form 1066
  • Secondary applicants (unless they lodge a combined application with the primary applicant) may either lodge an application using the approved paper form 1066 or online.
    See: