Accredited Sponsorship

Accredited Sponsorship Overview

Accredited Sponsorship is aimed at simplifying and expediting the visa application process for low-risk sponsors, allowing them to employ overseas workers under the Temporary Skill Shortage (TSS) 482 visa.

Key Features

• Priority Allocation: Accredited sponsors are given priority access to the allocation of visas for their overseas workers. This ensures that applications are processed more quickly, reducing the waiting times for employers and workers alike.
• Streamlined Processing: Nominations from accredited sponsors may be processed in under five days, which is significantly faster than standard processing times. Certain provisions can be fulfilled through a simple certification on the nomination form, minimizing the need for excessive documentation.
• Upfront Documentation: During the accreditation process, sponsors submit additional upfront documentation. This simplifies and speeds up future nomination applications, making the process more efficient for both sponsors and the immigration department.
• Low-Risk Criteria: The program is designed for low-risk sponsors, typically well-established businesses with a proven compliance history and a clear, demonstrated need for skilled workers from overseas.

Benefits for Accredited Sponsors

• Reduced Processing Times: Fast-tracked processing means sponsors can access skilled labor much quicker, allowing them to address workforce needs efficiently.
• Simplified Nomination Requirements: Accredited sponsors enjoy a reduced burden of paperwork with fewer documents required during the nomination process.
• Enhanced Credibility: Being recognized as an accredited sponsor boosts a company's reputation in the labor market, making it a more attractive employer for skilled workers.

Streamlined Requirements for Nomination

• Occupation Criteria: The occupation must be classified as ANZSCO skill level 1 or 2. These are high-skill level occupations typically requiring advanced qualifications or expertise.
• Earnings Criteria: The nominee’s annual earnings must meet one of the following thresholds:
  • Equal to or greater than $180,001, OR
  • Equal to or greater than $90,000, provided the occupation is not listed in restricted occupations.

Restricted Occupations

• Accountant (General) (ANZSCO 221111)
• Café or Restaurant Manager (ANZSCO 141111)
• Chef (ANZSCO 351311)
• CEO or Managing Director (ANZSCO 111111)
• Conference and Event Organiser (ANZSCO 149311)
• Corporate General Manager (ANZSCO 111211)
• Corporate Services Manager (ANZSCO 132111)
• Customer Service Manager (ANZSCO 149212)
• Facilities Manager (ANZSCO 149913)
• Management Accountant (ANZSCO 221112)
• Management Consultant (ANZSCO 224711)
• Marketing Specialist (ANZSCO 225113)
• Sales and Marketing Manager (ANZSCO 131112)
• Recruitment Consultant (ANZSCO 223112)
• Supply and Distribution Manager (ANZSCO 133611)
• Taxation Accountant (ANZSCO 221113)
• Transport Company Manager (ANZSCO 149413)

Benefits of Accreditation

• Validity: Sponsorship is valid for six years.
• Processing Advantages:
  • Priority allocation and processing of all TSS applications.
  • Additional streamlined processing for certain low-risk nominations.
• Documentation and Testing Concessions:
  • Concessions for nomination documentation.
  • Concessions for advertising related to labour market testing.
  • Concessions for character requirements.
• New Accreditation Categories:
  • Category 1: Commonwealth, State & Territory government agencies.
  • Category 2: Australian Trusted Traders.
  • Category 3: Low volume usage with a high percentage of Australian workers (at least 85%).
  • Category 4: High volume usage with a medium percentage of Australian workers (at least 75%).

Processing Times for TSS Visa

Here are the processing times for non-accredited sponsors:

Accreditation Categories

Category 1: Commonwealth, State and Territory Government Agencies

• At least 75% of the workforce must be Australian workers.

Category 2: Australian Trusted Traders

• At least 75% of the workforce must be Australian workers.
• Employment contracts must comply with the National Employment Standards (NES).

Category 3: Low Volume Usage

• 85% of the workforce must be Australian workers.
• Turnover of at least AUD 4 million over the last two years.

Category 4: High Volume Usage

• 75% of the workforce must be Australian workers.
• Minimum AUD 4 million annual turnover for the last two years.

Accreditation Category 3 Requirements

• Business Structure: Must not be a sole trader or partnership.
• Financial Performance: Annual turnover of at least AUD 4 million for the last two years.
• Business Sponsorship: Must have been a standard business sponsor for at least one year.
• Visa Nomination History: At least one nomination approved for a primary TSS or subclass 457 visa holder in the last two years.
• Nomination Approval Rate: Less than 3% non-approval rate over the last two years.
• Monitoring Outcomes: No adverse monitoring outcomes.
• Employee Compensation: Compliance with an Enterprise Agreement or an internal salary table reflecting current market rates.
• Written Contracts: All employees must have contracts meeting the National Employment Standards (NES).

Required Characteristics for Category 4 Accreditation

• Business Structure: Cannot be a sole trader or partnership.
• Annual Turnover: At least AUD 4 million for the last two financial years.
• Standard Business Sponsorship: Must have been a sponsor for a minimum of two years.
• Visa Holders: At least 10 approved nominations for primary TSS or subclass 457 visa holders in the last two years.
• Nomination Non-Approval Rate: Less than 3% over the last two years.
• Monitoring Outcomes: No adverse monitoring outcomes.
• Employee Compensation: Compliance with Enterprise Agreement or internal salary table.
• Written Employment Contracts: Contracts must comply with NES.

Additional Considerations

• Compliance and Record-Keeping: Ensure that all records related to employee salaries, contracts, and visa nominations are maintained accurately and are readily available for review during any audits.
• Legal Advice: Consult with legal or immigration professionals to ensure compliance with all requirements and to assist in preparing for the accreditation process.
• Ongoing Training: Provide training and resources for HR staff to maintain compliance with both internal policies and external regulations.

Steps to Prepare for Accreditation

• Gather Documentation: Collect and organize all necessary documents that demonstrate compliance with the requirements.
• Review Financial Statements: Ensure that your financial records reflect the required turnover and are up-to-date.
• Audit Internal Processes: Conduct an internal audit to ensure that nomination rates, monitoring outcomes, and employee agreements align with the requirements.
• Submit Application: Once all criteria are met and documentation is prepared, submit your application for accreditation to the relevant authorities.

Comparison of Categories

Special Considerations

• Large Partnerships: Accreditation may be granted to large partnerships in industries where this structure is common.
• Start-up Businesses: New and emerging businesses may receive special consideration for accreditation, recognizing their potential and unique challenges.
• Corporate Restructuring: Companies undergoing significant changes in structure can also be considered for accreditation.

Character References

For applicants sponsored by accredited sponsors, the requirement to obtain police certificates from countries other than Australia is waived if:

• They provide a written reference from their accredited sponsor confirming they are of good character and have no criminal convictions.

Factors for Sponsors to Consider:

• Previous Character Checks: The history of character checks conducted for the employee should be reviewed.
• Internal Policies: Sponsors should have clear internal procedures regarding character assessment.
• Employment and Immigration Risks: Consideration should be given to potential risks if the employee fails the character test.

Risks & Revocation

Reasons for Revocation:

• Failure to maintain accreditation characteristics.
• Providing false character references for employees.

Consequences: Revocation leads to the loss of accreditation benefits, but the business retains standard sponsorship status.

Implications for Business

• Compliance Measures: Regular checks to ensure adherence to obligations.
• Staff Changes Protocol: Use entry and exit checklists to monitor staffing changes.
• Training and Awareness: Provide staff training on compliance and character references.
• Internal Policies: Develop clear procedures for character assessments and references.
• Collaborative Visa Processes: Involve staff beyond HR to ensure a comprehensive approach.
• Documentation: Maintain detailed and compliant records for audits and occupation claims.

Current Climate

• Future of Accreditation: Accreditation is increasingly viewed as a critical element of the TSS program, with a focus on ensuring sponsors receive priority processing and concessions.
• Emphasis on Compliance: There is an intensified focus on compliance with accreditation characteristics, meaning businesses must be diligent in maintaining their accredited status.

Timeframe for Accreditation

The processing time for accreditation applications is approximately 1 to 2 months. During this period, sponsors should prepare their documentation and ensure compliance with all requirements.