Standard Business Sponsorship & 457 Visas

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Standard Business Sponsorship (“SBS”) is what a business needs to obtain for in order to sponsor foreign national for the Long-term Subclass 457 visa.

Domestic Business Sponsors

A business must have DIAC approved SBS before it can sponsor foreign national workers under the Subclass 457 visa program. A business can only have one SBS approved at any give time (i.e. one approved SBS per ABN). Once the SBS is approved, it is valid for a period of 3 years. The business can apply to have its SBS period extended.

In a SBS application, the business must demonstrate that it meets the following requirements:

  1. The business is actively and lawfully operating in Australia
  2. The business meets the ‘Training Benchmark’ and it makes a commitment that it will continue to satisfy the ‘Training Benchmark’ in the future
  3. The business needs to attest that it has a strong record or demonstrated commitment to employing local labour and non-discriminatory employment practices (testament made in application form)
  4. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. There is no requirement for sponsorship applicants to provide details of any adverse information about themselves or people associated with them

Overseas Business Sponsorship

For an overseas business to obtain SBS, it needs to satisfy the following requirements:

  1. The business must be lawfully operating outside of Australia.
  2. There must be nothing adverse known about the business or a person associated with the business. Adverse information includes the conviction, finding of non-compliance, administrative action, investigation, legal proceedings or insolvency. There is no requirement for sponsorship applicants to provide details of any adverse information about themselves or people associated with them.
  3. In sponsoring an individual for a 457 visa, the business must have the intention the sponsored individual is coming to Australia to undertake one of the following:

a) Establish, or assist in establishing a business operation in Australia with overseas connections, or

b) Fulfil, or assist in fulfilling, the business’ contractual obligations.

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46
Please firstly see FAQ and prior comments post which may answer your queries

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Christian

Hi peng
I applied for 457 visa en may, I had my nomination approved from July 2016 but now inmigration said my nomination has expired, the email said I have 28 days to reply that email. Do you think if I relodge a new nomination it could work?
Thanks for your help

Wayne

Hi Peng I was chasing a clarification on 457 as I am the holder of the visa but my sponsor’s sponsorship is due to expire very soon. My sponsor is not very keen to go through the hoops again to become a sponsor once more and nominate me again. Could you please clarify for me if I can keep working for them since my visa is valid for another year? OR something that might also help would be to know if the process of renewing the sponsor status and nomination is easier the second time around or does the employer… Read more »

Essia

Hi Peng,
I would like to sponsor my sister who lives overseas by opening a restaurant and sponsoring her here in Perth with the intention of her managing the place ( she has 4 years experience as a restaurant owner & manager in her country).
1) Can I sponsor her under 457 visa?
2) If yes, how long is the business need to be running before I can sponsor her?
3) Does she needs a diploma in business management or her experience is enough?
4) Can she apply offshore?

Many thanks

Zia

Hi PC,
You are always good help to everyone thanks for that.
My question is after sbs approval how long it take to clear stage 2 and 3 of 457 process.
Is it safer to go on bridging visa if in Australia or wait till stage 3 is clear.
Thanks
MZ

Maire

Hi,

Can a public school offering sponsorship in NSW? I am a primary school teacher from the UK and was told it had to be a private or catholic school and public was not suitable? Is that correct?

Thank you

Lot

Hi Peng,

Just wondering, i know you replied for 186’s, does my employer need a valid SBS if she intends to sponsor me thru 187?

Will really appreciate your reply.Many thanks in advance

denny

Hi Peng Cheng, my question is how long the department take to approve sbs i mean approve the business for sponsor? thanks

Joao

Hi Peng.

Is there any website with samples of letters made by the employers to apply for the visa 457 ?

Na

Hi Peng,

Good day. Can a company be approved a SBS and sponsor under 457 visa even if they have only 2 employees? and one of the 2 is me.

Thanks

Na

alex

Hi Peng. Thank you so much for the website and all your help. I have a question regarding the 457 visa. 1) Does the nominated occupation have to be on the csol list to get a 457 visa? In regional Australia can an applicant be sponsored in an occupation that is not on the csol list? Im asking as a I know of friends in regional Australia that have been sponsored as a receptionist or as a general labourer, occupations which are not on the csol. 2) Does an applicant need to get a skills assessment to get a 457… Read more »

Kamal

I have already applied for 186 end through 457.but my company’s standard sponsorship expired .do company’s needs to renew it .any problem for my 186 end application.thanks

Sophia

Hi Peng,

My partner has just realized that he has breached section 8107 on the 457 by not updating DIAC that he has changed employers within the stipulated 90 days. What is your best advice for the next step forward?

Appreciate your advice and thanking you in advance.

James

Hi Peng A friend is interested in applying as a piggery senior stockperson under 457 labour agreement. The labour agreement template for this position states one of the requirements is: “Qualification equivalent to AQF III in Agriculture (Pig Production) and three years’ experience, or at least five years’ experience in the pig industry.” My friend is a Bachelor of Science in Agriculture Major in Agronomy graduate. This degree is not related to Pig Production. However, he has been working as a piggery stockperson overseas for 5 years. Does he meet the above stated requirement, eventhough he does not have education/degree… Read more »

PK

Hi Peng, Thanks a ton, however 3 rd question – yes means – I need only employment letter OR – I need employer to sponser me. Thanks

PK

Hi peng, Thanks for helping do many people with their queries. I just wanted check with you that currently I m currently on 457 visa since feb 2012. i have completed 17 months under the nominated job in a regional area. (i work as Reception manager in hotel) 1st ques – when will my 2 years be considered as completed, as in from date of visa issue or from the date i have commenced the role. 2nd ques – can I then apply indepently for RSMS 3rd ques – ENS- in this visa do i need only employent letter or… Read more »

Peng Cheng

Hi PK,
1) Date you commenced work
2) No
3) Yes
PC

Raju

I got 457 visa my employer wants me to sponsore for ens 186 after 12 month working on 457 visa and passed the skill test as well and already apply for ens 186 but i am confused on ielts how much i need ielts for that pleasee suggest thanx

Peng Cheng

Probably score of 6 in each IELTS test category.

Yang

Hi Peng,

My employer’s standard business sponsorship will expire Feb 2017, if I apply for 186 visa in June 2017 after I have been for them for two years. Do they need to extend the SBS before applying the employer nomination? If yes, how do they extend it?

Any help will be greatly appreciated. Thanks

Regards
Yang

Jennifer

Hi Peng,

Can you please advise whether an independent contractor (sole trader) is eligible to apply for standard business sponsorship under the 457 visa scheme to recruit an overseas based employee?

I am not sure how they would be able to meet the training benchmark requirements if so?

Any advice?

Many thanks
Jennifer

Peng Cheng

Hi Jennifer,
Potentially, you can obtain SBS as a sole trader. The training benchmark requirement is the same for a sole trader.
PC

Harvinder singh

Hi pc
I got of my sbs approval of 457 visa and my student visa expiring in next month of march I want to know how long will take for nomination and application and should I need to extend my student visa??

andrea

Dear Peng
Im wondering if Im qualified to apply for a 457 visa as cook with a certificate 3 in commercial cookery.
I dont have 2 years on-the-job training post-qualification.
I have 8 years full time experience as cook/assistant chef but they are hard to demonstrate (cash in the hands job is a common practice in Italy). All I can show is letters of reference and part time payment slips. If a certificate3 meets what is specified in the employer nomination may I be ok to apply? I hold italian passport and I passed IELTS. Regards

Peng Cheng

Hi Andrea,
Its hard to predict how DIAC will view your evidence of your work experience without looking at it – all I can say is that you may be eligible based on your work experience and Cert III.
PC