Can an Overseas Business Sponsor a 482 Visa?

Many multinational companies, or businesses based overseas, that want to bring workers to Australia wonder whether their company can sponsor directly. The answer is yes — but under strict conditions.

Can an offshore entity apply for an SBS?

Yes. A business not based in Australia (an offshore entity) can apply for a Standard Business Sponsorship and sponsor a 482 visa worker, but it must demonstrate:

1. Operations in Australia: the business must operate a lawful business in Australia — not merely be an overseas company that wants to “bring people over”.
2. A genuine presence: an office, employees, contracts with Australian clients, or a project being delivered in Australia.
3. Financial capacity: the ability to pay the salary of the sponsored worker.

Specific conditions for an offshore entity

• It must demonstrate that it “operates a lawful business” in Australia (an ABN does not need to be registered in advance, but evidence of operations is required)
• The sponsored worker must work in Australia in a role within that business
• The salary must meet the Australian market rate — it cannot be paid at an overseas wage level

Limitations compared with an onshore employer

An offshore entity is usually harder to have approved for an SBS than an employer already operating in Australia, because:

• It is harder to demonstrate genuine business activity in Australia without an existing footprint
• DHA scrutinises offshore sponsor situations more closely to prevent misuse

The practical process

1. Register an ABN (Australian Business Number) for the entity in Australia (or use an existing entity)
2. Establish some genuine business activity in Australia before lodging the SBS
3. Prepare documentation of business activity in Australia (contracts, an office lease, business registration)
4. Lodge the SBS as an ordinary business would

When it is better to set up an Australian subsidiary

If the long-term plan is to have several workers in Australia, it is better to set up a subsidiary in Australia. This helps to:

• Demonstrate business activity more easily
• Manage Australian tax and employer obligations more clearly
• Build a track record for later rounds of sponsorship