Amendment to Sponsorship, Nomination and Time of Decision Criteria for Subclass 457 (Business (Long Stay)) Visas
10 September 2007 - Legislation change
Client summary
From 10 September 2007, the Migration Regulations 1994 (‘the Regulations’) are amended to:
- clarify that a nomination by a standard business sponsor of a position in which a Subclass 457 visa holder is proposed to be employed in Australia may not be approved if the occupation is no longer specified in a relevant Gazette Notice at the time the nomination is decided
- clarify that a nomination by a standard business sponsor that cannot be approved because the occupation has ceased to be specified in the relevant Gazette Notice may still be approved if the nominator has become a party to a labour agreement which covers the nominated position
- provide that an application for a Subclass 457 visa on the basis of sponsorship by a standard business sponsor for an approved nomination may not be approved if, at the time of decision, the occupation to which the approved nomination relates is no longer specified in the relevant Gazette Notice
- clarify that a Subclass 457 visa that cannot be granted on the basis of sponsorship for an approved nomination because the occupation relevant to the nomination is no longer specified in the relevant Gazette Notice, may still be granted on the basis of there being an approved nomination if the sponsor has become a party to a labour agreement that covers the nominated position
- provide for refunds of the nomination fee and visa application charge in certain circumstances where approval of a nomination or visa grant is prevented due to a change in the relevant Gazette Notice
and - implement a suggestion of the Senate Standing Committee on Regulations and Ordinances by inserting Notes in the Principal Regulations, as relevant, to clarify by way of an example circumstances under which the Minister may consider it reasonably appropriate to approve an application for approval as a sponsor or a nomination, although adverse information may be known about the applicant or sponsor, or the applicant or sponsor may be under investigation in relation an alleged breach of an undertaking or a law of the Commonwealth or a State or Territory.
Technical Details
The following provisions of the Regulations are amended:
- Regulation 1.20D
- Regulation 1.20DA
- Regulation 1.20G
- Regulation 1.20GA
- Regulation 1.20H
- Subclauses 457.223(2), (4) and (5)
- Regulation 2.12F
Transitional arrangements:
The amendments apply to all relevant applications:
- made but not finally determined before 10 September 2007
- made on or after 10 September 2007.
Forms: Nil impact
Instructions: PAM3 Div1.4A; PAM3 Sch2Visa457