Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
Hiring the right person can transform your business. If the talent you need isn’t available locally, sponsoring a skilled overseas worker may be the solution - especially for specialist or hard‑to‑fill roles.
In Australia, most employers looking to sponsor talent on a Temporary Skill Shortage (TSS 482) or related visa will first apply for Standard Business Sponsorship (SBS). Some established, compliant employers may also qualify for Accredited Sponsorship, which offers priority processing and a smoother experience.
This guide explains what SBS and Accreditation are, who’s eligible, how to apply, and what ongoing obligations you’ll take on as a sponsor. We’ll also cover the core employment contracts and policies to have ready so your HR and compliance foundations are strong from day one.
Important note: this article focuses on the employment and compliance documents businesses typically need alongside sponsorship. For visa strategy, eligibility, and applications, speak with a registered migration agent or migration lawyer, as migration policy changes frequently.
What Is Standard Business Sponsorship (And Accreditation) In Australia?
Standard Business Sponsorship (SBS) is an approval granted by the Department of Home Affairs that allows an employer to nominate skilled overseas workers for certain visas (most commonly the TSS subclass 482). Without SBS approval, you generally can’t nominate a role for a sponsored visa.
Accredited Sponsorship is a higher tier available to established sponsors that meet stricter criteria relating to business size, financials, workforce composition, and compliance history. The primary benefit is priority processing of nomination and visa applications, which can cut waiting times significantly.
Accreditation doesn’t change your legal obligations - it recognises strong compliance and streamlines processing. Both Australian and overseas employers can seek approval, provided they are lawfully operating and meet the applicable requirements.
Are You Eligible To Become A Sponsor?
To qualify for SBS, the Department generally expects that you are lawfully operating, financially sound, and capable of meeting sponsorship obligations. The exact criteria can change, but common requirements include:
- Lawfully operating business: Evidence you’re actively trading and legitimate (e.g. ABN/ACN for Australian entities, financial statements, active operations). If you operate through a company, make sure your records and governance (including your Company Constitution) are up to date.
- Good compliance record: No adverse information indicating you’re unsuitable to sponsor (for example, sanctions or serious workplace compliance issues).
- Capacity to meet sponsor obligations: You must accept the sponsorship undertakings, such as record‑keeping, cooperating with monitoring, and covering prescribed costs (more on these below).
- Financial capacity: Sufficient resources to employ the nominee and pay at least the required market salary.
- Skilling Australians Fund (SAF) levy: Where required, you’ll need to pay the levy at nomination stage. This replaced older “training benchmark” rules.
To be considered for Accredited Sponsorship, you’ll need to satisfy the SBS baseline and meet additional benchmarks (which may include turnover thresholds, workforce composition, or a track record of high‑quality compliance). Because thresholds and categories evolve, it’s wise to check the latest Department guidance before applying.
Remember, SBS and Accredited Sponsorship relate to your status as an employer. Each sponsored role still requires a valid nomination, and each worker must satisfy the visa’s individual criteria. For the visa and nomination technicalities, get tailored advice from a registered migration professional.
Step‑By‑Step: How To Apply And Prepare
1) Get Your Business Evidence In Order
Start by confirming your business structure, registration details, and key documents. For Australian companies, that means current ASIC records, clear governance documents, and proof of real trading activity.
If you’ve recently updated ownership or directors, ensure those changes are reflected in your records. Good internal documentation now will help if the Department later requests information during monitoring.
2) Lodge The Standard Business Sponsorship Application
Applications are submitted via ImmiAccount with the required fee and supporting documents. As part of the application, you’ll agree to sponsorship obligations. Read them carefully so you understand what you’re committing to - it’s far easier to design your internal processes around these obligations at the start than to retrofit them later.
3) Assess Whether Accreditation Makes Sense
If you’re an established employer with a clean compliance history and you meet the relevant thresholds, Accredited Sponsorship can be a real advantage. Faster processing can help you secure candidates in competitive markets. If you’re unsure whether you qualify, a migration professional can assess your situation against the current categories.
4) Prepare For Nominations (And Visa Steps)
Once your SBS is approved, you can submit role nominations. This involves selecting an appropriate occupation, evidencing market salary, completing labour market testing where required, and paying the SAF levy. Accuracy matters here: the occupation must reflect the actual duties, and your salary evidence should reflect genuine market rates in your location and industry.
Common issues include misclassifying the role under ANZSCO, or providing insufficient salary evidence. These mistakes cause delays or refusals, so take care with the details and keep clear records.
5) Put Robust Employment Documentation In Place
Before your sponsored employee starts, formalise terms in a tailored Employment Contract that outlines duties, remuneration, location, hours, and applicable policies. This helps demonstrate that the role offered aligns with the nomination and market salary claims.
Back up your contract with a practical suite of Workplace Policies and, where helpful for onboarding, a centralised Staff Handbook. Clear policies make it easier for managers to apply consistent standards and for HR to spot when proposed changes might have visa or nomination implications.
6) Design Your Compliance Framework Early
Build internal processes to track pay, duties, location, and notification deadlines. Assign a responsible person (or team) to monitor changes, store records, and diarise reporting timeframes.
Good data handling is critical. You’ll collect and store personal information during recruitment and employment, so make sure you have a compliant Privacy Policy and appropriate access controls in place. If you need to share confidential information with candidates or referees during hiring, a simple Non‑Disclosure Agreement can help protect your business.
If your employee will perform duties within a related entity or at a client site, set expectations clearly with a Secondment Agreement so responsibilities and supervision are understood and the sponsored role doesn’t drift.
Sponsor Obligations: Staying Compliant Day‑To‑Day
Approved sponsors take on a set of legal obligations under migration law, in addition to general Australian workplace laws. While requirements can change, sponsors should plan to meet the following core duties:
- Pay at least the market rate: Pay the sponsored worker at or above the nominated salary, on terms equivalent to what an Australian employee would receive in the same role.
- Don’t pass on prohibited costs: Avoid recovering the SAF levy or certain nomination/visa costs from the employee, directly or indirectly.
- Keep accurate records: Maintain evidence of recruitment (including labour market testing where required), payroll, role duties, work location, and any changes.
- Notify the Department of specified changes: If certain details change - for example, duties, role, location, or employment status - you may need to notify the Department within a set timeframe (often 28 days).
- Cooperate with monitoring: You can be monitored for compliance. Keep documents organised and accessible so you can respond quickly to requests.
- Use non‑discriminatory recruitment: Recruitment and selection must comply with anti‑discrimination laws and equal opportunity principles.
- Comply with Australian workplace laws: Observe minimum pay, hours and conditions under the Fair Work framework, superannuation, and work health and safety standards.
From an HR perspective, centralising your policies makes it easier to stay on track. A consistent framework of Workplace Policies helps managers apply the same rules across teams and reduces the risk of ad‑hoc decisions that may unintentionally affect a sponsored worker’s role.
Common Pitfalls To Avoid
- Choosing the wrong occupation: If the ANZSCO occupation doesn’t match the real duties, you risk delays or refusal. Map duties to the occupation profile and keep evidence.
- Insufficient market salary evidence: Collect salary data for comparable roles in your location and industry, and keep clear documentation.
- Trying to recover sponsorship costs: Passing on the SAF levy or nomination costs is a compliance red flag and can lead to penalties.
- Missing labour market testing details: Where required, job ads must meet content, channel and duration requirements. Keep copies in your records.
- Role and location drift: Significant changes to duties or location may need a fresh nomination. Use internal approvals to control changes and diarise notification deadlines.
Tip: Create a simple compliance calendar (with who is responsible for what) covering payroll checks, policy refresh dates, and Department notification cut‑offs. When staff changes are proposed, route them through HR first to consider sponsorship impacts.
Essential Employment Documents And Policies
Getting your paperwork right reduces risk and makes sponsorship administration smoother. Most sponsors will rely on several of the documents below - tailored to your operations and the specific role.
- Employment Contract: A customised Employment Contract confirms duties, salary, location, hours, benefits and termination arrangements, and helps show alignment between the offered role and the nomination.
- Workplace Policies: A suite of Workplace Policies (e.g. code of conduct, leave, WHS, bullying/harassment, remote work) supports day‑to‑day compliance and consistent decision‑making.
- Staff Handbook: A user‑friendly Staff Handbook brings your policies together for easy onboarding and reference.
- Privacy Policy: A compliant Privacy Policy outlines how you collect, use, store and secure personal information during recruitment and employment.
- Non‑Disclosure Agreement (NDA): A Non‑Disclosure Agreement protects confidential information shared with candidates, referees, contractors and third‑party service providers.
- Secondment Agreement: If staff perform work within a related entity or at client sites, a clear Secondment Agreement clarifies responsibilities, reporting and supervision.
- Company Constitution (for companies): Ensure your Company Constitution and internal governance are current so your corporate records align with your sponsor profile and HR processes.
Not every employer will need every document listed above, but many will need several. The key is to tailor them to the role and to your business, train managers on how to apply them, and keep them up to date as laws and internal practices evolve.
If you anticipate broader employment law questions as you grow your team, it can help to speak with an employment lawyer about your overall HR framework and risk profile.
Key Takeaways
- Standard Business Sponsorship lets Australian employers lawfully nominate skilled overseas workers; Accredited Sponsorship offers priority processing for established, compliant sponsors.
- Eligibility focuses on being lawfully operating, financially capable, and willing to meet sponsorship obligations - keep your corporate and HR records clean and current.
- Set yourself up early: choose the correct occupation, gather market salary evidence, complete any labour market testing properly, and issue a clear Employment Contract.
- Build a practical compliance framework with consistent Workplace Policies, an accessible Staff Handbook, and a compliant Privacy Policy.
- Avoid common pitfalls such as misclassifying the role, weak salary evidence, trying to pass on sponsorship costs, or letting duties and location drift without approvals.
- For visa strategy and applications, consult a registered migration agent or migration lawyer; for your employment contracts and compliance documents, getting legal guidance early can save time and prevent costly delays.
If you’d like a consultation on becoming a Standard Business Sponsor or setting up the right employment documents and policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.








