Sponsoring Staff for Multiple Businesses: A Guide to Australian Visa Compliance
Can One Visa Sponsorship Cover Two Businesses?
The Truth Every Regional Employer Needs to Know
If you’re a regional business owner with more than one company - a vineyard and a winery, a farm and an earthmoving business, a café and a transport operation - you’ve probably wondered:
“Can I get one visa sponsorship and share staff between my businesses?”
It feels like it should be possible.
But in the eyes of immigration law, each business is its own legal universe - and the rules are far stricter than most people realise.
The short answer is:
No. Each business with a separate ABN must have its own Standard Business Sponsorship (SBS).
You cannot legally share a sponsored worker between two unrelated companies.
And misunderstanding this rule is one of the fastest ways regional businesses end up in trouble with the Department of Home Affairs.
Let’s break down why.
1️⃣ Why You Can’t Share Sponsored Staff Between Separate Businesses
When the Department of Home Affairs grants a Standard Business Sponsorship (SBS), it approves one specific legal entity - identified by its ABN - to employ and manage a sponsored worker.
The worker’s visa condition (8607) is crystal clear:
✔ They must work only for their sponsoring employer
✔ They may work for an associated entity, but only under strict rules
❌ They cannot be deployed to a separate business with its own ABN
❌ You cannot move them to your “other company” without breaching the law
If you own two companies, the Department sees them as two separate employers.
2️⃣ The Only Exception: “Associated Entities” - And Most Don’t Qualify
The only time a sponsored worker can work across two businesses is if those businesses meet the strict definition of Associated Entity under section 50AAA of the Corporations Act 2001.
This usually requires one of the following:
✔ Parent/subsidiary relationship
e.g., a holding company owns both businesses.
✔ Common controller
A trust, company, or entity controls both businesses formally, not just “same owner”.
✔ Significant influence through shareholding
One entity has a qualifying investment in the other.
⚠️ What does not qualify?
- “I own both companies”
- “Both are family businesses”
- “Same directors”
- “We work together closely”
- “Same office / same branding”
These do not make two companies associated entities.
Example:
You personally own 100% of a vineyard (ABN 1) and 100% of a winery (ABN 2).
They are not associated entities in law.
They must have two separate SBS approvals.
3️⃣ Why You Cannot Use Sponsorship as “Internal Labour Hire”
Some businesses try to use one SBS to place staff in another business they own - thinking it’s a harmless workaround.
But the Department sees this as:
❌ Unauthorised labour hire
…which is a major breach of sponsorship obligations.
The government is extremely sensitive to “on-hire” behaviour because it undermines worker protections.
There is only one lawful way to on-hire sponsored staff:
✔ A Labour Hire Agreement
…which is a separate, complex, highly scrutinised visa pathway not suitable for most employers.
4️⃣ What Happens If You Get This Wrong? (Serious Consequences)
Home Affairs actively monitors sponsors through:
✔ audits
✔ financial checks
✔ site visits
✔ cross-matching ATO & ABR data
If you use one SBS to supply workers to another company:
You risk:
❌ Civil penalties ($16,500–$82,500 per breach)
❌ Cancellation of your SBS
❌ Cancellation of your workers’ visas
❌ Being barred from sponsoring for years
❌ Being published on the government sanctions register
Regional employers rely heavily on skilled visas - a ban can destroy future staffing plans.
5️⃣ The Compliant, Safe Solution for Multi-Business Owners
If you operate several businesses and want to sponsor staff across them, the correct approach is simple:
1️⃣ Apply for a separate SBS for each legal entity
Each ABN = its own sponsorship.
2️⃣ Nominate workers to the entity they will actually work for
No grey areas. No shared arrangements.
3️⃣ Maintain separate payroll and compliance records
Timesheets, payslips, contracts, AMSR evidence - all separate.
4️⃣ Ask AU Visas to check whether your entities qualify as “associated”
Sometimes they do - but you need to be 100% sure before acting.
6️⃣ When Two SBS Approvals Are a Good Strategic Move
Many regional employers find that applying for two SBS approvals:
✔ supports business growth
✔ future-proofs staffing
✔ allows specialised workers in each entity
✔ avoids compliance risks
✔ makes PR pathways easier to manage
And once AU Visas sets your first SBS up, additional SBS approvals are faster and simpler.
Final Thought for Regional Employers
Running two businesses means wearing many hats - owner, manager, HR, compliance, and everything else.
But when it comes to skilled migration:
👉 Treat each business as its own “legal island.”
👉 One SBS cannot cover two islands.
Getting this right protects your workers, your licences, and your long-term workforce strategy.
If you’re unsure whether your entities qualify as associated — or whether to set up multiple SBS approvals - AU Visas can review your structure and give you a clear, safe plan.
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Source: AU Visas Employer Guide Series
Disclaimer
The content provided is here is for informational purposes only and does not constitute immigration or legal advice. It is subject to change. Consult an Australian MARA registered agent or lawyer for professional advice before making any application
👉Contact AU Visas today for a Professional Opinion on Your Situation.
Glossary of Key Terms
Standard Business Sponsorship (SBS) Approval granted by Home Affairs allowing a business to sponsor overseas workers. Applies to one ABN only.
ABN – Australian Business Number A unique identifier for each business. Each ABN is treated as a separate legal entity for sponsorship purposes.
Associated Entity (Corporations Act 2001 – Section 50AAA) A legal definition covering relationships such as parent companies, subsidiaries, entities under common control, or entities with qualifying financial influence.
Condition 8607 A visa condition requiring the worker to work only for the sponsoring employer (or a lawful associated entity).
Unauthorised Labour Hire Using an SBS to supply workers to unrelated businesses. Considered a serious breach of migration law.
Labour Agreement A special visa pathway that allows a business to lawfully on-hire workers. Used only when the business model is truly labour hire.
Nomination Application The process where the employer identifies the specific role and worker they want to sponsor.
Compliance Monitoring Home Affairs audits to ensure sponsors meet legal obligations, including payroll, duties, and employment conditions.
Sponsorship Cancellation Loss of SBS approval due to breaches. All sponsored workers can lose their visas as a result.
