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I have an ABN. Can I sponsor myself on a Self-Sponsorship as a Sole Trader for a sc 482 visa?

Category: Visa for Australia

Question asked

I am interested in a sc 482 visa on a self-sponsorship pathway but wonder how to start it. I have an ABN and do my own business, but I am not registered. Also, how much annual turnover can apply for sc 482 visa? Could you please share relevant information with me? I couldn't find the details and information about the subclass 482 visa and self-sponsorship on the government website but need some more info about this.

Thank you

Answer provided by Migration Agent

Hi E.,

An individual carrying on a business activity on ABN as a sole trader only is not eligible to sponsor themselves.

This is on the basis that the employment must be based on a contractual relationship between an employer and an employee. In the case of a sole trader sponsoring themselves, such a contractual relationship cannot exist because the employer and the employee would be the same ‘person’.

However, if you have a company which will then be an independent entity. The company has a good financial record, has a history of employing local Australians, then the company can nominate you for sponsorship.

The first step in subclass 482 visa sponsorship is for the business to get approved for SBS. A sole trader such as yourself is not eligible for the reasons mentioned above. A registered company can however sponsor you. There's no set requirement for annual turnover to be eligible for SBS but the company needs to be in profit, have a good financial record, and must have a genuine need for overseas workers.

You can find more information about the SBS requirements here: https://www.ask-an-agent.com.au/sponsorship-visa-australia

Please let me know if you have any questions or need further information.

Migration Agent

------ Clarification Request --------

Thanks for getting back. The company needs to be in profit, have a good financial record, and must have a genuine need for overseas workers as you mentioned above. How is a brand new registered company to have those? Have a waiting period for it, if so, how long? Thanks

------ Clarification by Migration Agent --------

If it's a start-up business – provide the following to the department to get approval for the business sponsorship application:

1. Detailed business plan

2. Contract of sale relating to the purchase of the business

3. Lease agreement relating to business premises

4. Evidence of lease or purchase of, for example, machinery, equipment or furniture

5. Contracts to provide services

6. Evidence of employment of staff

7. Business bank statement covering the period of operation

8. Annual report

9. Letter of support from the accountant to the business.

There is no specified waiting period so the application can be lodged for start-up businesses as well.

If you need further services from myself, please contact Amy at amy.jacobson@ask-an-agent.com.au, and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Regards

Migration Agent

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