Removal of "approved nominator" (NTBE) option for the short stay Business (Temporary) visa (subclass 456)
1 July 2005 - Legislation change
Client summary
From 1 July 2005, changes to the Temporary Business (short stay) visa will mean that the Nominated Temporary Business Entrant (NTBE) option for the subclass 456 visa will cease to exist. This is because the NTBE scheme, introduced in 1995, is now largely redundant and regional offices no longer process and decide 456 visa applications onshore. Nominators are currently directed to consider the standard 456 route or preferably, the 459 route as the 459 visa has sponsorship provisions. From 1 July 2005, 456 visa applications will only be lodged, and decided, offshore.
Technical details
On 1 July 2005, the following legislative changes will be made to the Temporary Business (short stay) subclass 456 visa, in order to remove the option of an approved nominator being involved in the 456 visa application process:
- removal of the definition of "approved nominator" in the Regs as per Item 456.111
- removal of the option of the onshore nominator being able to lodge a 456 application on behalf of the offshore applicant - item 456.12.
- amendment of Reg 2.07AA by deleting (1) NTBE
- removal of, in item 1223A in Schedule 1, the following because they no longer apply:
- (1) (a) (i)
- (2) (a) (iv) and
- (3) (ac)
Additional information: None.
Transitional arrangements: Applicants for 456 visas who apply before 1 July 2005 will be processed under the previous arrangements but it is not expected that there will be any 456 visa applicants being processed with the NTBE option as regional offices no longer process and decide 456 visa applications onshore.
Forms: No changes
Instructions: PAM3, relevant Regs (2.07) and Schedule (item 1223A) have been amended, to reflect the changes.
Effect on delegations: None.
Effect on systems: None.