Overseas companies doing business in Australia

Overseas companies or businesses that intend to conduct business in Australia have several options for transferring overseas employees to work in Australia:

Overseas Business Sponsor

This arrangement allows overseas businesses to bring a specified number of temporary employees to Australia to establish a branch, subsidiary or joint venture or to fulfill the employer’s contractual obligations in Australia.

Regional Headquarters agreements

The Regional Headquarters arrangement allows overseas businesses that intend to locate their Asia Pacific regional headquarters in Australia to bring senior overseas employees (executives or specialists) to Australia on a permanent or temporary basis.

Overseas service sellers

This arrangement allows representatives of overseas businesses to enter Australia for a 6 to 12 month period to negotiate supply contracts with potential customers or clients.

Overseas business sponsors

Overseas companies or businesses which have no formal representation in Australia can apply for approval as an Overseas Business Sponsor. This approval permits the business to bring a specified number of temporary business entrants to Australia in order to:

• establish a branch, subsidiary, joint venture or agency; or
• fulfill contractual obligations or conduct other business activities in Australia.

Approval as an Overseas Business Sponsor is valid for the shorter of 24 months or until the specified number of positions have been filled.

Employers must comply with the sponsorship requirements which apply to Australian employers (except for operating a business in Australia) and make the required sponsorship undertakings to comply with the legal and tax obligations applicable to employment of overseas employees in Australia.

How we assist Overseas Employers

If you are an overseas employer seeking to bring overseas employees to Australia we will assist you with the 3 phase application process consisting of:

(1) Preparation of a comprehensive application for approval as a business sponsor showing that the business complies with all the sponsorship requirements and is prepared to provide the sponsorship undertakings ;

(2) Preparation of a nomination application listing all the positions to be filled and the skills and experience required to fill those positions. The positions must be skilled occupations suitable for nomination;

(3) Preparation of a visa application and supporting documentation by each nominee employee for a Temporary Business (Long Stay) visa.

If you intend establishing a presence in Australia, such as a branch or subsidiary, we can assist you with the formalities for this as well.

Contact us if you wish to recruit temporary employees from overseas for your business activities in Australia.

Regional Headquarters (RHQ) agreements

Overseas companies which choose to establish their regional headquarters for the Asia Pacific region in Australia can submit a proposal for a RHQ agreement.

A RHQ agreement provides for permanent or temporary residence for overseas employees and is used particularly to facilitate the transfer of expatriate executives and specialist personnel to Australia. When a RHQ agreement is in place, the visa application process is streamlined and visa applications are generally given a higher priority than standard labour agreements.

The RHQ application process consists of 3 stages:

Stage 1 – Proposal to establish RHQ

A comprehensive proposal for the establishment of a RHQ in Australia, including a business plan for the RHQ must be prepared for submission to Invest Australia (an agency of the Department of Industry, Tourism and Resources). The proposal is evaluated against established criteria and if approved, the RHQ agreement is signed by the Minister for Industry, Tourism and Resources, DIMIA and the company.

Stage 2 – Nomination of each employee

A RHQ nomination form is completed for each employee to be transferred to Australia, and the nomination is assessed against the requirements specified in the RHQ agreement.

Stage 3 – Nominees apply for visas

Each nominee must complete an application form for a visa which is assessed to determine that a RHQ nomination form for the position has been lodged.

Applicants and members of their family units must comply with health and character requirements.

How we assist overseas companies - RHQ

If your company, group or business intends to establish its RHQ in Australia, we will assist you with:

• Preparing your proposal for a RHQ in Australia to comply with Invest Australia criteria;
• Preparing and lodging nomination forms and visa applications for employees to be transferred to Australia.

Contact us to discuss your requirements.

Service Sellers

If an overseas company wishes to sell or provide services in Australia, a temporary business visa (valid for 6 to 12 months) can be obtained for representatives of the company seeking to negotiate or enter into agreements for the sale or supply of the services in Australia.

This visa category does not require sponsorship or nomination by an employer.

The applicant must provide evidence that they are a representative of the overseas company. Evidence of the overseas company’s business activities and details of its planned expansion in Australia must be provided as well as a proposal of how the applicant will represent the company in Australia.

This visa category is for persons who will negotiate service agreements in Australia as opposed to persons who actually supply the services (the latter require sponsorship by an Australian or overseas business.

How we assist

If your company plans to sell its services in Australia and you will be representing your company in negotiations for the supply of those services, Contact us for assistance with preparing your visa application and the supporting information and documentation necessary for a successful application.

Alternatively if your company intends establishing a more permanent presence in Australia, it will need to register either a branch or incorporate a subsidiary company. We can provide assistance with this process as well.