What are the limitations on Standard Business Sponsorship nominations?

If you want your business to sponsor employees on a temporary work (skilled) visa, which is subclass 457, this article is for you. We take a look at the limitations of standard business sponsorship, and how they might apply to you.

This image is by Scott Maxwell and is used under a Creative Commons License. Find it at http://www.flickr.com/photos/lumaxart/2365562160/in/photolist-4B38du-g5rZUE-9btakM-63DWr4-bACRyv-28Z6w-517qLQ-4AXT6n-4B39sL-4gNb9V-4gNbS2-9bjwuN-4B39Vb-4gSg9U-4B38zA-fQ6Jfa-517r9f-4AXT3i-drWdaD-88JG2B-4AXT1R-a5B4AL-4B2VBE-o4ZHuD-aBFvFf-8AsfUK-ojauNA-4B38vS-78sLFa-78wCBy-4B37XL-9kWNw3-azR7zf-4uT96a-kjrSg-d1Vi9d-517r4L-pjZ21P-9XJLCe-eQxkxM-88N47N-8a9gfo-e646gC-78sJPX-78sKMe-auCEKY-dPoMgW-4B38jm-4B39wA-qm9yHL
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Before you can employ someone on a 457, you must be approved to be a Standard Business Sponsor. Read this page at the Department of Immigration for more details about that.

Standard Business Sponsorship is approved for:

  • A period of time or
  • as ending on a particular date or
  • as ending on the occurrence of a particular event

You have to declare the number of people you want to nominate.

When you apply to become a standard business sponsor, you have to tell DIBP how many people you want to nominate during your time as a sponsor. Despite this, in most cases Standard Business Sponsorship should be approved for a period of three years. That three years starts at the date of approval.

If the sponsor has been granted Accredited Status, the sponsorship should be approved for a period of 6 years commencing from the date of approval

Recently established businesses are approved for less time.

If your business is recently established – meaning, has been running for 12 months or less – then you will only be approved for 12 months.

Some fast food or takeaway positions cannot be nominated.

Because of high numbers of overseas workers in Australia’s hospitality industry, there are limitations to the types of roles you can nominate.

While you can potentially sponsor cooks, chefs, and restaurant managers, you can’t do this if they are to work in a fast food or takeaway restaurant.

You have to have a genuine need for an overseas skilled worker.

The Labour Market Testing rules introduced in 2013 require that, in a lot of cases, you have tried to recruit someone already in Australia. Read more about those rules here.

Do these apply to me?

Call us to be guided through the process, and to make sure you understand the limitations that apply to you. Contact us »

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