In practice, there are two types of SBS – an Australian Business Sponsor (ABS) and an Overseas Business Sponsor (OBS). This is because businesses need to meet different criteria to become an SBS, depending on whether they are operating a business inside or outside Australia.
Employers and businesses from overseas who do not have operations in Australia have the option to sponsor employees on the TSS 482 visa program.
Overseas businesses need to demonstrate to the satisfaction of the decision maker that they are legally established under the relevant laws of the country in which they operate. This means that, if there is a business registration system under the laws of the home country, it is expected that the applicant would be registered in accordance with those laws and requirements. Applicants who operate a business in their home country without registration in a situation where there is provision for this would not be considered as meeting the “lawful” component of the ‘lawfully operating a business’ criterion.