Case Study

STEM Industry Overseas Business Sponsor

About Our Client

Our client is a small biomedical engineering firm based in the U.S, who wished to capitalise on the Australian government R&D Tax incentive programme accessible by companies performing eligible research and development in the biotechnology sector.
Agents with Experience in Overseas Business Sponsorship

The Problem

The business contacted TSS Immigration for advice on how best to send a team to Australia to conduct research into key areas of biotechnological advancement, without having an Australian subsidiary established in advance.

Although in most cases a business will already be established in Australia when sponsoring employees, TSS Immigration was able to outline a comprehensive migration strategy to ensure that the overseas business was in a position to hit the ground running in Australia, whilst also ensuring long term facilitation of Australian migration as and when required.

The Solution

The first step in the process was for the American company to obtain Overseas Business Sponsorship (OBS).

Companies operating outside Australia can apply to become a visa sponsor to nominate experienced individuals under the 457 or TSS visa program to assist in:

  • establishing, or assisting in establishing, a business operation in Australia with overseas connections; or
  • fulfilling, or assisting in fulfilling, a contractual obligation of the applicant

TSS Immigration was able to obtain a five year OBS agreement for our client on the basis that they had an intention to establish an Australian R&D operation, which would then transmit their findings to the U.S based parent company for commercial implementation.

This agreement allowed our client to apply for 457 visas for a Managing Director, as well as for one of their American Biomedical Engineers, based on sponsorship by the American parent company. These visas were granted for four years, and allowed the holders to work for the business both in Australia, and the U.S, as required.

The ability to have the employees on the ground in Australia provided the business with an opportunity to then establish an Australian company. The Managing Director had the opportunity to recruit the appropriate team and predicate business operations, whilst the Engineer was able to establish the R&D initiative.

This provided the business with an effective short-term solution, however TSS Immigration identified that an ongoing strategy was required in order to facilitate staff retention. Overseas Business Sponsors cannot sponsor staff for permanent visas. For this reason, following the first quarter of trading, TSS Immigration was able to obtain Standard Business Sponsorship for the Australian company. This allowed the sponsored employees to "transfer" their visas to this entity, which could then nominate them for a subclass 186 permanent residency visa down the line. This visa allows holders to remain in Australia indefinitely, with unlimited work and study rights, as well as access to Medicare and other government services. Dependent family members may also be included in an application.

There are two streams through which an applicant may obtain a 186 visa, the Direct Entry Pathway, and the Temporary Residence Transition (TRT) pathway. The direct entry pathway will require applicants to first obtain a skills assessment in their occupation, whilst the TRT pathway will require that applicants have worked for their nominating employer whilst the holder of a 457/TSS visa for either 2 or 3 years, depending on the individual circumstances of the case. A nomination and corresponding visa application can then be submitted on behalf of the business and the applicant.

In order to nominate employees for permanent residence, the business was required to demonstrate that it had complied with its training obligations, amongst other criteria, as a 457 sponsor. As TSS Immigration had provided ongoing guidance on Immigration compliance throughout the process, we were able to assist in collating the relevant information quickly and easily.

Thanks to the ability of TSS Immigration to establish both short and long-term solutions to employer migration issues, this business has been in a position to maintain an optimum R&D team by sourcing skilled employees worldwide. Many of this client's employees have since obtained Australian permanent residency for themselves and their family members.

If you are an overseas business and anticipate a need to send employees to Australia to establish operations, please don't hesitate to contact TSS Immigration.

"We have developed a great partnership with TSS and their dedication to servicing the ALH business is evident in all aspects. We appreciate their attention to detail and approach to bringing us the best personnel and service"

Trevor Smith, National Food Manager ALH Group