Amendments to Subclass 457 visa valid application requirements and time of decision requirements relating to the sponsoring employer

1 March 2003 - Legislation change

Client summary

From 1 March 2003, immigration law has been amended to require applicants for a Temporary Business (Long Stay) (subclass 457) visa to show evidence at the time of visa application that their sponsor is an approved business sponsor, or has lodged an application for approval as a business sponsor. In addition, they must have the same sponsor at the time that a decision is made on their visa application.

Technical details

Additional information: An amendment has been made to Schedule 1, Item 1223A, criteria, to require that an applicant for a subclass 457 visa to be considered under the provisions for sponsorship by an Australian business (subclause 457.223(4)), must specify who the sponsoring employer is, and provide evidence with their application that the employer is either already an approved pre-qualified business sponsor (PQBS) or a standard business sponsor (SBS), or that the employer has lodged an application for sponsorship approval which has not yet been determined.

In addition to this, Schedule 2, Subclass 457, has been amended to specify that the sponsor at the time of a decision on the visa application must be the same sponsor as at the time of application.

Transitional arrangements: This amendment will apply to applications made on or after 1 March 2003. Applications lodged prior to that date, but not finalised as at 1 March 2003, will be processed under the regulations in force at the time of application.

Forms: Form 1066 has been updated to reflect this change.

Instructions: PAM guidelines have been updated.

Effect on delegations: Nil.

Effect on systems: Nil.