Following the introduction of the Migration Amendment (Charging for a Migration Outcome) Act in December 2015, it has become illegal for employers to receive a “benefit” for sponsoring workers for an Australian visa.
Practically, this affects our clients in that the Department of Immigration and Border Protection (DIBP ) has now introduced new declaration forms which are required to be signed by both the sponsoring employer and the visa applicant when applying for an Employer Sponsored visa including:
- Temporary Work (Skilled) (subclass 457) visas;
- Employer Nomination Scheme (subclass 186) visas; and
- Regional Sponsored Migration Scheme (subclass 187) visas.
Links to the forms are as follows:
Sponsoring Employer Declaration
A sponsoring employer must now certify that they have not received a “benefit” for sponsoring the overseas worker for an Australian visa. A “benefit” is defined as:
(a) A payment or other valuable consideration;
(b) A deduction of an amount;
(c) Any kind of real or personal property;
(d) An advantage;
(e) A service; or
(f) A gift.
For subclasses 186 and 187 nomination and visa applications lodged after 14 December 2015, declaration forms must also be lodged with the DIBP.
For advice regarding Employer Sponsored visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance or call our office:
Australia: +61 3 9021 0986
London: +44 20 3670 4586
Disclaimer:
The information on this website is intended only to provide a summary and general overview on relevant matters. It is not intended to be comprehensive nor does it constitute legal advice. You are advised to seek legal or other professional advice before acting or relying on any of the content contained in this website.