# Application for approval as a work sponsor

> reg-2.61 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

2.61 Application for approval as a work sponsor
          (1) For the purposes of subsection 140F(1) of the Act, a person may apply to the
              Minister for approval as a work sponsor, in relation to a class of sponsor
              specified in subregulation 2.58(1), in accordance with the process set out in this
              regulation.
               Note:    A person (other than a Minister) who is a party to a work agreement is an approved
                        work sponsor and does not need to be approved as a work sponsor under
                        subsection 140E(1) of the Act (see paragraph (b) of the definition of approved work
                        sponsor in subsection 5(1) of the Act).

        (3A) If a person makes an application for approval as a standard business sponsor or a
             temporary activities sponsor:
               (a) the application must be made using the internet; and
               (b) if the application is for approval as a standard business sponsor—the
                   application must be made using:
                     (i) if, at the time the application is made, the applicant is a standard
                         business sponsor other than an overseas business sponsor—the form
                         specified by the Minister in a legislative instrument made for the
                         purposes of this subparagraph; or
                    (ii) in any other case—the form specified by the Minister in a legislative
                         instrument made for the purposes of this subparagraph; and
              (ba) if the application is for approval as a temporary activities sponsor—the
                   application must be made using the form specified by the Minister in a
                   legislative instrument made for the purposes of this paragraph; and
               (c) the application must be accompanied by the fee specified by the Minister in
                   an instrument in writing for this paragraph.
        (3B) For subregulation (3A):
              (a) if the Minister specifies in an instrument in writing for this subregulation a
                   different way of making an application for approval as a standard business
                   sponsor or a temporary activities sponsor, in circumstances specified in the
                   instrument, the application may be made in that way; and
              (b) if the Minister specifies in the instrument a form for the different way of
                   making the application, the application must be made using that form; and
              (c) if the Minister specifies in the instrument a different application fee for
                   making the application, the application must be accompanied by that fee.
               Note:    Subregulation (3A) relates to making applications on the internet. It may be necessary
                        for the Minister to specify arrangements other than those in subregulation (3A) if
                        special circumstances exist.

          (4) The Minister may refund the fee for an application for approval as a standard
              business sponsor if:
               (a) the application is made because of a mistake by Immigration; and
               (b) the Minister:







                       (i) receives a written request for a refund from the person who paid the
                           fee; or
                      (ii) considers it is reasonable in the circumstances to refund the amount to
                           the person who paid the fee without receiving a written request for a
                           refund.
          (5) A refund under subregulation (4) must be paid to the person who paid the fee.
          (6) A refund under subregulation (4) may be paid:
               (a) in Australian currency; or
               (b) if the fee in respect of which the refund is being paid was paid in another
                   currency, in that other currency.
