Yes – a business that operates outside Australia can apply for Standard Business Sponsorship, but the requirements differ from those applying to Australian-based employers, and it is important to understand what those differences are before proceeding.
The overseas business must be legally operating in its home jurisdiction and must demonstrate a lawful purpose for bringing workers to Australia. It must also have a record of compliance with any applicable Australian laws – including immigration and workplace laws – if it has had a previous presence or employees in Australia.
One key difference is that overseas businesses without an established Australian operating base face different scrutiny around the genuine need for the sponsored worker and their connection to Australian commercial activity. The nomination that follows the standard business sponsorship also needs to clearly establish why the work needs to be performed in Australia.
In practice, we most commonly see this scenario arise when a multinational company wants to transfer a senior employee to establish an Australian entity. In these situations, the sponsorship and nomination applications need to be carefully prepared to address the specific circumstances. Once the Australian entity or subsidiary is lawfully established and actively operating, the Australian business will then apply to become a Standard Business Sponsor.
If your business is based outside Australia and you are considering sponsoring a worker to come to Australia, we recommend seeking advice before lodging, as the pathway involves nuances that are not always apparent from the Department’s website alone.