Amendment to Sponsorship, Nomination and Time of Decision criteria for Subclass 457 (Business (Long Stay)) Visas
1 July 2007 - Legislation change
Client summary
From 1 July 2007 the Migration Regulations 1994 (‘the regulations’) will be amended to prevent the minister from approving sponsorships, accepting nomination or granting visas where:
- adverse information is known to the department about the business background of the sponsor or prospective sponsor
or - the sponsor or prospective sponsor is under investigation for an alleged breach of a sponsorship undertaking or of a law of the Commonwealth, a state or territory.
In these circumstances, the minister may approve the sponsorship, accept the nomination or grant the visa only if he or she considers it reasonably appropriate to do so.
Technical details
The following provision of the regulations will be amended:
- Regulation 1.20D
- Regulation 1.20DA
- Regulation 1.20H
- Subclause 457.111(1)
- Subclauses 457.223(4) and (5).
The following provisions will be inserted in Subclass 457 of Schedule 2 to the Regulations:
- Clause 457.223A
- Clause 457.324B
- Clause 457.324C.
Additional information:
These amendments are being made to clarify the department’s position in relation to sponsors or prospective sponsors about which adverse information is known or who are under investigation.
Transitional arrangements:
The amendments apply to all relevant applications:
- made but not finally determined before 1 July 2007
- made on or after 1 July 2007.
Forms: N/A
Instructions: PAM3
PAM3: Div1.4A Temporary Business Entry: Sponsorship and nomination and PAM3: Sch2Visa457 have been amended to reflect the regulatory amendments.
Effect on delegations: Nil
Effect on systems: Nil