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The Importance of Maintaining Ongoing Standard Business Sponsor Obligations

Training Benchmarks are an essential element of this process. 

In this case the Sponsorship and Nomination Applicant is a small business seeking to apply for a Temporary Work (subclass 457) Visa of an existing employee. As the business had been in operation for less than 12 months in its initial sponsorship application, the sponsor must implement an auditable plan for how the business is going to meet the benchmarks for the training of Australian Citizen or Australian Permanent Residents.  There are two training benchmarks for businesses to choose from. Benchmark A requires the business to make a contribution amounting of at least 2 per cent of the payroll of the business to an allocated industry training fund. Benchmark B requires the business to showcase expenses equivalent to at least 1 per cent of the payroll of the business, in the provision of training to employees of the business who are Australian Citizens or Permanent Residents. Once the sponsor has submitted an auditable training plan, the specified intended benchmark applicable to the business must be adhered to, or subsequent Standard Business Sponsor applications may be refused.

In this case, the Sponsor Applicant had moved between Option A and Option B and therefore was at risk of their Standard Business Sponsor application being refused. Immigration Solutions Lawyers were able to establish that although the Standard Business Sponsor Applicant had deviated from the original plan in regards the training benchmarks, the applicant has paid out more than the minimum to reach the training requirement. This involved careful tabulations of expenses, and detailed explanations of the business, and the availability of suitable training.

Immigration Solutions Lawyers have the experience to assist with Temporary Work (Subclass 457) Visas applications. The 457 visa enable businesses to recruit workers who are not Australian Citizens or Permanent Residents.

  Click here to read more about Immigration Solutions Lawyers and Anne O’Donoghue.

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