Temporary Activity Sponsorship
The new Temporary Activities Sponsor class was introduced on 19 November 2016.
It replaces the former Long Stay Activity, Training and Research, Professional Development, Special Program, Entertainment and Superyacht Crew sponsor classes.
What does this allow you to do?
A Temporary Activity Sponsorship agreement is a class of sponsor that can be an approved sponsor for the following three different visa subclasses, for up to five years, with opportunity for renewal thereafter:
Subclass 403 – International Relations
Available to those who are engaged in a temporary activity provided for by one of the following streams:
- Government Agreement stream
- Foreign Government Agency stream
- Domestic Worker stream
- Privileges and Immunities stream
- Seasonal Worker Program stream
Subclass 407 – Training
This visa allows the holder to work for an Australian organisation in a specified occupation, whilst partaking in a structured training program provided by the sponsor, in one of the following three streams:
- Workplace-Based Occupational Training
- Training that promotes capacity building overseas
- Work-based training for registration
Subclass 408 – Temporary Activity
The Temporary Activity visa (subclass 408) is for people who want to come to Australia on a temporary basis to undertake one of the following activities:
Entertainer, Invited participant, Researcher, Religious worker, Special program, Sport, Exchange, Superyacht crew, Domestic worker (executive), Australian Government endorsed event
Who can apply for a Temporary Activity Sponsorship agreement?
A body corporate, a partnership or an unincorporated association (other than an individual or sole trader) that is lawfully established in Australia may apply for this agreement. Small or start-up businesses may also apply, provided evidence of active operation and an ability to comply with sponsorship undertakings can be provided.
What obligations do I have as a Temporary Activities Sponsor?
The current sponsorship obligations framework seeks to ensure that the working conditions of sponsored persons meet Australian standards, sponsored persons are not exploited by their sponsors, visa programmes are used for their intended purpose and the obligations and requirements all sponsors must meet are standardised.
To ensure that the above is met, there are various obligations with which a sponsor must comply when trading as an approved Temporary Activities Sponsor.
- Obligation to cooperate with inspectors
- Obligation to ensure equivalent terms and conditions of employment for overseas citizens and Australian employees
- Obligation to pay travel costs to enable sponsored persons to leave Australia if these costs are reasonable and necessary
- Obligation to keep records to demonstrate compliance
- Obligation to provide records and information to the Minister
- Obligation to ensure primary sponsored person works or participates in nominated occupation, program or activity
- Obligation not to engage in discriminatory recruitment practices
Common ScenariosWe wish to sponsor a full-time Cook for our restaurant, whom we will be happy to train on the job. Is the subclass 407 visa the most suitable pathway?
No. The temporary activity sponsorship framework is not intended as a solution to industry-wide skills shortages. To address staffing deficits within a business, the TSS visa programme may be considered.
We wish to sponsor an overseas citizen for a 408 visa so that they may assist with a particular event. Are we obliged to cover the costs associated with the visa application?
No. The sponsoring employer is not obliged to pay associated costs. These can be covered by the business or the applicant. However, should the business initially agree to pay these expenses, they cannot later be recovered from the visa holder.
TSS Immigration provides full-service migration assistance. We take care of the business sponsorship, nomination and visa applications, from eligibility assessment stage straight through to application lodgement and finalisation. We will ensure that all stakeholders are fully informed and confident in the application, and liaise with DIBP as your representative until we have obtained the desired migration outcome on your behalf. We also provide ongoing support to businesses who require guidance on sponsorship obligation compliance.