Sponsor

A sponsor under the Migration Act is a person or entity that has been approved by the Minister to sponsor a non-citizen for certain visa classes, most commonly employer-sponsored work visas. Sponsorship creates a triangular relationship between the sponsor, the sponsored worker, and the Commonwealth.

The main types of approved sponsor for work visa purposes are:

• Standard Business Sponsor (SBS) — an employer approved to sponsor workers under the Temporary Skill Shortage visa (Subclass 482) and the Employer Nomination Scheme (Subclass 186)
• Accredited Sponsor — a higher tier of SBS with a proven track record; accredited sponsors may benefit from faster processing and reduced scrutiny
• Labour Agreement Sponsor — an employer operating under a negotiated Labour Agreement with the Department

Approved sponsors have legally binding obligations set out in s 140H, including: paying the sponsored worker no less than market salary rate, ensuring the worker works only in the nominated occupation, and cooperating with Department inspections.

Sponsorship approval is a prerequisite for an employer to nominate a non-citizen for an employer-sponsored visa. The nomination and visa application are separate steps — approval as a sponsor does not guarantee that a particular nomination or visa application will be approved.

Sponsors who breach their obligations may face sanctions under s 140Q, including civil penalties, debarment, and cancellation of sponsorship approval. In serious cases, the sponsored worker's visa may also be cancelled.

In the family stream, "sponsor" is also used to describe the Australian citizen or permanent resident who sponsors a partner, parent, or other family member for a family visa. The family sponsor's obligations differ from those of an employer sponsor.