The Temporary Skill Shortage (TSS) visa program is a lifeline for Australian businesses facing labour shortages. It allows employers to bring in skilled workers from overseas when they cannot find suitably skilled Australian workers. The goal is to fill temporary skill gaps while ensuring that Australian workers are given priority.
Who Can Be a Sponsor?
To participate in the TSS visa program, various types of entities can become sponsors. These include:
- Sole traders
- Partnerships
- Proprietary companies
- Public companies
- Government departments
- Statutory authorities
- Not-for-profit organisations
- Educational institutions
These entities can be approved as sponsors if they meet certain criteria enumerated under the Migration Regulations 1994.
Essential Requirements for Employer Sponsorship in Australia
If you are an employer in Australia looking to sponsor overseas workers under the TSS program, you need to meet the following requirements:
1. Actively and Lawfully Operating Business
Your business must be legally established and operating in Australia. This includes meeting all necessary registration requirements such as GST, having an Australian Business Number (ABN), Australian Company Number (ACN), or Australian Registered Body Number (ARBN). Additionally, if you have a business or trading name, it must be properly registered.
To prove that your business is operating, you should have a system of record-keeping that supports your business activities. This can include financial statements, Business Activity Statements (BAS)), lease agreements, and other relevant documents. Whilst a start-up can meet these basic requirements, there is a threshold that needs to be met in terms of evidencing active and lawful operations (i.e. a mere shelf company need not apply).
2. Assenting to the Sponsorship Obligations
- Every organisation seeking a standard business sponsorship must agree to adhere to a number of enforceable undertakings between it and the Commonwealth, namely:
- Notify the Department of Home Affairs if there are changes to your business
- Notify the Department of Home Affairs if your sponsored visa holder leaves employment or the nature of the employment changes
- Ensure that the sponsored visa holder works only in the nominated occupation
- Ensure equivalent terms and condition of employment are met
- Not engage in discriminatory employment practices
- Keep detailed records to demonstrate compliance with your sponsorship obligations
- Provide these records and information as requested
- Assume all the costs associated with becoming a sponsor
- Payment of reasonable travel costs of the sponsored visa holder and their family
- Pay costs to locate and remove unlawful non-citizens
- Cooperate with Fair Work inspectors
3. No Adverse Information
There should be no adverse information known to the Department of Home Affairs about your business or any person associated with your business. Adverse information can include a range of investigations, breaches or findings against the business or its officers in relation to Australian State / Territory and Commonwealth laws.
Why These Requirements Matter
The requirements ensure that the TSS visa program is used responsibly and that the interests of Australian workers are protected. By making sure that only lawfully operating businesses with a commitment to local employment can sponsor overseas workers, the program helps maintain a fair and effective labour market in Australia.
Conclusion
If you’re an Australian employer facing a temporary skill shortage, the TSS visa program can be an effective solution. However, it’s critical to understand and meet the requirements for sponsorship to ensure a smooth and compliant process. By adhering to these guidelines, you can help address your labour needs while contributing positively to the Australian economy and talent pool.
Need help navigating the TSS visa program and employer sponsorship requirements? Longton Migration’s experts are ready to assist. For professional guidance on employer-sponsored visas, visit our Employer Sponsored Visas. Let us simplify your sponsorship journey.
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.
