Section 140A — Approval of sponsors
Text of provision
This Division applies to visas of a prescribed kind (however described).
Plain English
Section 140A provides that a person may apply to be approved as a sponsor and that the Minister must decide whether to approve or refuse the application. Approval as a sponsor is a precondition for employers who wish to sponsor workers for Temporary Skill Shortage (TSS) visas, Employer Nomination Scheme (ENS) visas, or other employer-sponsored visa classes. Sponsors must meet certain criteria, including a commitment to comply with immigration and workplace laws.
Practical effect
Sponsorship approval is the foundational step in the employer-sponsored visa pathway. Without an approved sponsor, an employer cannot nominate or support a worker's visa application. The approval process requires the employer to demonstrate that they are a lawfully operating business with a genuine need for the worker. Sponsors who breach their sponsorship obligations are subject to sanctions under s 140Q, including civil penalties, infringement notices, and sponsor status cancellation.