In Australia, “self-sponsorship” for a visa, particularly the Temporary Skill Shortage (TSS) visa (subclass 482), refers to establishing a business and then sponsoring yourself for a position within that business. However, it’s crucial to note that a sole trader cannot sponsor themselves, as a separate legal relationship between employer and employee is required.
Here’s a more detailed explanation:
- What it is:Self-sponsorship involves an individual establishing a business in Australia and then sponsoring themselves for a visa to work in that business.
- How it works:
- Establish a Business: The individual must establish a legally operating business, which can be a company or a partnership, not a sole trader.
- Become a Sponsor: The business must apply to become an approved sponsor through the Department of Home Affairs.
- Nominate a Position: The business must nominate a position that aligns with the applicant’s skills and is on the relevant skilled occupation list.
- Visa Application: The individual then applies for the 482 visa, demonstrating their qualifications, work experience, English language ability, and any required skills assessment.
- Key Considerations:
- Employer-Employee Relationship: The sponsorship regulations require a genuine employer-employee relationship, meaning there must be a separate legal entity (like a company or partnership) acting as the employer.
- Not a Sole Trader: A sole trader cannot sponsor themselves because there’s no separate legal entity for the employer.
- Genuine Skill Shortage: The 482 visa program is designed to address genuine skill shortages, so the business should not be primarily used to “create a position” for the owner or family members.
- Pathway to Permanent Residency:A self-sponsored visa (482) can potentially lead to a pathway to permanent residency in Australia through skilled visas or employer-nominated visas.
For more information on the Australian Government website.
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