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The Temporary Activities Sponsor (TAS) is a class of sponsor that allows you to sponsor an applicant for up to five years under certain visas, including the subclass 407 visa (training visa). As the TAS is a separate class of sponsorship, you cannot use your standard business sponsorship facility to nominate someone under the subclass 407 (training visa). Whilst the two sponsorships operate separately, the criteria for becoming a TAS are similar to those for becoming a standard business sponsor. Therefore, you will likely need to provide similar information to the information you supplied when you became a standard business sponsor.

Your TAS application must be approved first before you can lodge a nomination and visa application for the training visa. This article will discuss the key criteria you must meet to become an approved TAS.

Am I Eligible For the TAS?

To be eligible to apply for the TAS, you must be:

  • an Australian organisation lawfully established and operating in Australia (e.g. a company, partnership or non-profit organisation). This does not include an individual or sole trader;
  • an Australian Commonwealth, state or territory government agency;
  • a foreign government agency lawfully operating in Australia (e.g. a consular, trade office or other foreign national government entity);
  • an international organisation recognised by Australia and lawfully operating in Australia (e.g. the United Nations);
  • an organisation that operates a superyacht, or the owner or captain of a superyacht;
  • a sporting organisation lawfully operating in Australia; or
  • a religious institution lawfully operating in Australia.

Most businesses will fall within the first category. To demonstrate that you have a lawfully and currently operating business in Australia, you will need to provide documents such as your:

  • Australian Business Number registration certificate;
  • Australian Securities and Investments Commission (ASIC) company extract;
  • audited balance sheet;
  • profit and loss statement; and
  • business tax return.

Small businesses who have less than 20 full-time employees, and startup businesses who have been trading for less than 12 months, may also apply to become a TAS. However, you will need to provide additional evidence to demonstrate that your business is financially viable and can support the applicant’s employment. This could be in the form of capital investment and the hiring of staff.

Ability to Meet Sponsorship Obligations

Sponsorship obligations exist to:

  • protect overseas persons from exploitation by their sponsors; and 
  • ensure that the visa program is used for its intended purpose. 

To ensure that you meet this criterion, you will need to provide information that demonstrates your capacity to meet your sponsorship obligations, including documents showing your financial status and number of existing employees.

There are several obligations that you must comply with as an approved TAS, including but not limited to:

  • cooperating with inspectors;
  • keeping records to demonstrate compliance; and
  • paying and assuming all costs associated with applying for sponsorship or nominations.

There are obligations that apply to some temporary activities sponsors only. In particular, TAS  sponsors of the training visa must ensure that the visa applicant only participates in the training program for which they were sponsored.

Ensure You Have a Good Business Record and Obey Australian Laws

If the Department of Home Affairs (DOHA) is aware of any adverse information about you or anyone associated with you, then you may not be able to become a TAS. Examples of adverse information include if your business:

  • has been found guilty of an offence;
  • has breached the law; or
  • faces pending investigations or disciplinary actions (e.g. by the Fair Work Commission).

However, adverse information about your business does not necessarily mean you will be refused as a TAS. The DOHA may disregard any adverse information against the business if it is reasonable to do so.

For example, the DOHA may disregard adverse information when you have:

  • developed practices to ensure the relevant conduct will not happen again; and
  • complied with your sponsorship obligations on all other occasions.

Therefore, it is important to ensure that you disclose any relevant adverse information in your application.

You must also ensure that your business complies with Australian laws and does not engage in any illegal activities.

Ensure You Provide the Occupational Training Directly

Under the training visa, you must show that you can directly provide the occupational training to the applicant unless you are exempted (e.g. because you are an Australian Commonwealth Government agency). To do so, you must provide a training plan that outlines the tailored and structured training program the applicant will undertake to attain the necessary skills and experience.

Key Takeaways

To sponsor someone under the training visa, you must first be an approved TAS. This is a separate class of sponsorship to a standard business sponsor. However, the eligibility criteria are similar. The key requirements you must meet when applying to become a TAS are:

  • demonstrating that you fall within one of the eligible organisations;
  • meeting your sponsorship obligations;
  • having a good business record and obeying Australian laws; and
  • being able to provide the occupational training directly.

If you have any questions about the training visa, contact LegalVision’s immigration lawyers on 1300 544 755 or fill out the form on this page.

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