Knowing the Risks – Serviced Offices And Employer Sponsored Visas

This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.

Office space comes in all different shapes and sizes and of course at different costs. Not all businesses need traditional office space and naturally a business owner wants to keep costs as low as possible. Prospective clients often come to us wanting to sponsor an employee when they are using a home office or a serviced office. Whilst these things aren’t necessarily a problem it is certainly a red flag that needs to be assessed before proceeding with an application.

We view the genuine position concept as a see-saw where there are no specific rules of must have or must not have but on the balance of the facts the scenario has to look ‘normal’ enough for the Department to be satisfied that the position is truly required for the business and that the position (or even business) wasn’t only created for the purposes of visa sponsorship.

Serviced offices can offer many different types of tenancy options from private rooms to hot desks to mail delivery only packages. In Xiao, we have the following extract from the decision record not to overturn the cancellation of the employer sponsored visa:

“I find it implausible that the visa holder is able to complete the tasks required by a Customer Service Manager without access to physical office space.”

Lodging a visa isn’t just about what you think you can get away with to get the visa granted and once granted you are not in the clear. Don’t take unnecessary risks with your visa. If the path to the visa sounds too good to be true then it probably is. Make sure you use an agent you trust even if this means they challenge you about how you want the business to function. Your PR is not something you want to jeopardise.