How to Expand into Australia Without Immediately Establishing a Subsidiary

French and European companies often want to test the Australian market before committing to the cost and administration of establishing an Australian subsidiary.

You may need a senior employee in Australia to develop clients, perform a contract, establish local operations or manage the initial launch—but you may not yet be ready to incorporate an Australian company.

In certain circumstances, a foreign company can sponsor a key employee for a Skills in Demand (subclass 482) visa without first establishing an Australian subsidiary. A temporary Employer of Record or salary-portage solution may also assist with payroll and employment compliance during the initial market-entry phase.

Hillman & Associates Lawyers advises foreign companies on Australian immigration and employment law. We work with our official French-speaking partner, Expandys, to offer an integrated solution for companies developing their operations in Australia.

Can a foreign company expand into Australia without a subsidiary?

Yes. Establishing an Australian subsidiary is not always the first required step.

Depending on its intended activities, a foreign company may initially operate through a combination of:

• overseas business sponsorship;

• a subclass 482 visa for a key employee;

• an Employer of Record or salary-portage arrangement;

• local business-development and administrative support; and

• an Australian subsidiary established later, once the business has validated the market.

The appropriate structure depends on the company’s objectives, proposed activities, contracts, expected revenue, staffing requirements and intended duration in Australia.

Australian corporate, taxation and regulatory advice may also be required before trading or entering into contracts.

What is an Overseas Business Sponsor?

A foreign company that is lawfully and actively operating outside Australia may be eligible to become an approved Standard Business Sponsor, commonly referred to in this context as an Overseas Business Sponsor.

This can allow the overseas company to nominate an eligible employee for a subclass 482 visa without already having an established Australian subsidiary.

Overseas business sponsorship may be considered where the foreign company intends to fulfil a contractual obligation in Australia.

Can the overseas company sponsor a General Manager?

Potentially, provided the proposed position and the employee meet the relevant requirements.

A foreign company may need to send a senior employee to Australia to:

• establish the Australian operation;

• implement the group’s market-entry strategy;

• negotiate with clients and commercial partners;

• manage an Australian contract or project;

• recruit and supervise local staff;

• develop budgets and operational procedures;

• coordinate with the company’s European headquarters; or

• prepare for the incorporation of an Australian subsidiary.

A company proposing to sponsor a General Manager must demonstrate that the role involves genuine senior management responsibilities and is appropriate for the scale and stage of the Australian operation.

Can a Business Development Manager obtain a subclass 482 visa?

This depends on the employee’s actual duties and the industry in which the company operates.

“Business Development Manager” is a commercial job title, but it is not a universal migration occupation covering every type of business-development role.

An occupation assessment should be completed before the company finalises the Australian job description or employment documentation. The occupation must be selected based on the work the employee will genuinely perform—not simply on which occupation appears most convenient for the visa application.

How does an intra-company transfer to Australia work?

An intra-company transfer generally involves moving an existing employee from the foreign company—or another company within the same corporate group—to perform a role connected with the Australian operation.

The employee may possess valuable:

• knowledge of the company’s products and services;

• technical expertise;

• knowledge of internal systems and processes;

• relationships with existing clients; or

• understanding of the group’s international strategy.

This background can help demonstrate why the employee has been selected to establish or develop the Australian business.

What is salary portage or an Employer of Record in Australia?

A salary-portage arrangement—more commonly described in Australia as an Employer of Record, or EOR, arrangement—can help a foreign company employ and pay staff before it establishes its own complete Australian employment infrastructure.

Depending on the structure and services agreed, an Australian provider such as Expandys may assist with:

• preparing compliant employment documentation;

• operating Australian payroll;

• paying salary;

• making superannuation contributions;

• administering leave and employee entitlements;

• managing payroll-tax and statutory obligations;

• implementing workplace policies; and

• supporting the company during its initial Australian operations.

  
  

This can be useful where a French or European company wants to test the market or operate in Australia during an initial establishment period before creating its own local subsidiary and payroll.

Can an Employer of Record sponsor the subclass 482 visa?

Not automatically.

The company processing payroll is not necessarily the entity that can or should sponsor the employee’s visa.

Companies should therefore obtain advice before signing an Employer of Record agreement, transferring the employee or lodging the sponsorship application.

A practical market-entry structure

Subject to legal and commercial assessment, an early-stage Australian expansion may involve the following steps:

1. Assess the Australian project

The company identifies its Australian objectives, intended activities, existing contracts, projected revenue, proposed employee and expected timetable.

2. Determine the appropriate visa strategy

Hillman & Associates Lawyers assesses whether overseas business sponsorship and a subclass 482 visa are suitable, together with the correct occupation and any labour-market testing requirements.

3. Prepare the Overseas Business Sponsorship application

The foreign company provides evidence of its existing operations and its plans or contractual obligations in Australia.

4. Prepare the nomination and subclass 482 visa application

The nominated position, salary, duties, employee’s experience and proposed Australian arrangements are documented and supported.

5. Establish compliant employment and payroll arrangements

Hillman advises on Australian employment-law requirements. Where appropriate, Expandys can provide French-speaking support with salary portage and the practical establishment of the company’s Australian operations.

6. Transition to a permanent Australian structure

If the Australian operation develops successfully, the group may later incorporate an Australian subsidiary, establish its own payroll, employ staff directly and review longer-term visa or permanent-residence options.

What are the principal subclass 482 visa requirements?

The Skills in Demand visa is an employer-sponsored temporary work visa.

Requirements vary according to the selected stream and occupation, but commonly include:

• an approved business sponsor;

• a genuine nominated position;

• an eligible occupation;

• relevant qualifications or professional experience;

• compliance with the applicable income threshold;

• remuneration consistent with the Australian market salary rate;

• satisfaction of any labour-market testing requirement;

• English-language proficiency;

• health and character requirements; and

• compliance with Australian employment standards.

The applicant will generally be expected to work in the nominated occupation for the sponsoring employer or an eligible associated entity, subject to the applicable legislation and visa conditions.

Further information is available from the Australian Department of Home Affairs.

How early should a company begin the visa process?

Foreign companies should begin planning as early as possible—preferably before agreeing on a fixed Australian commencement date.

On 25 July 2026, the Australian Government introduced new skilled-visa processing priorities under Ministerial Direction 119. These priorities apply to subclass 482 nomination and visa applications already lodged as well as new applications.

For most occupations, applicants who are already in Australia are now prioritised ahead of applicants who are outside Australia. Offshore applicants who are not working in specified priority sectors fall within the lowest processing-priority category.

This does not prevent an offshore subclass 482 application from being approved. It does, however, mean that businesses should anticipate potentially longer processing periods and avoid planning an Australian launch on the assumption that a visa will be granted within a particular period.

The current order of priority is explained on the Department’s skilled visa processing priorities page.

Early advice allows the company to consider:

• the most appropriate occupation;

• whether labour-market testing is required;

• what evidence must be collected;

• whether an alternative initial visa strategy is available;

• when the employee may lawfully commence work;

• whether salary portage is appropriate; and

• when an Australian subsidiary should be established.

How Hillman and Expandys can assist

Hillman & Associates Lawyers and Expandys offer complementary assistance to French and European companies entering the Australian market.

Hillman & Associates Lawyers

Our bilingual French-English team can advise on:

• Overseas Business Sponsorship applications;

• Skills in Demand subclass 482 nominations and visas;

• intra-company transfers;

• occupation selection;

• labour-market testing;

• immigration compliance;

• Australian employment contracts;

• employment-law obligations; and

• planning the transition to an Australian employing entity.

  
  

Expandys

Our official French-speaking partner, Expandys, can assist with practical aspects of developing operations in Australia, including:

• salary-portage solutions;

• operational market-entry support;

• local business-development assistance; and

• support during the initial establishment period.

  
  

This coordinated approach allows the company to address its immigration, employment and operational requirements as part of one overall Australian expansion strategy.

Speak to our bilingual Australian legal team

If your French or European company is considering sending a General Manager, Business Development Manager or other key employee to Australia, contact us before fixing the employee’s start date.

We can assess your proposed business structure, visa options, sponsorship eligibility, employment arrangements and anticipated timetable. Following an introductory discussion, we can provide a tailored quotation covering the assistance your company requires.

Contact Hillman & Associates Lawyers:

Email: f.meier@hillmanlawyers.com.auTelephone: +61 2 9232 8392

We recommend contacting us early, particularly where the proposed employee will apply from outside Australia.

This article provides general information only. It does not constitute legal, migration, taxation or corporate advice. Visa eligibility, processing priorities and regulatory requirements may change. Advice should be obtained for the company’s particular circumstances before implementing any proposed arrangement.