Amendment to Sponsorship and Nomination Criteria and Temporary Business (Long Stay) Subclass 457 visa Time of Decision Criteria

1 October 2007 - Legislation change

From 1 October 2007, the Migration Regulations 1994 (‘the Regulations’) are amended to:

Clarify that a business which proposes to hire out the services of a Subclass 457 visa holder to an unrelated business cannot apply to be approved as a Standard Business Sponsor
Clarify that a Standard Business Sponsor cannot nominate an activity where the activity involves hiring out the visa holder’s services to another unrelated business
Clarify that an application for a Subclass 457 visa, on the basis of sponsorship by a Standard Business Sponsor, cannot be approved where the activity involves hiring out the visa holder’s services to another unrelated business, unless the nomination that was approved in relation to the activity, was made before October 1 2007
Provide that an application for a Subclass 457 visa, on the basis of sponsorship by a Standard Business Sponsor whose business activities include the recruitment of labour or hiring of labour for supply to an unrelated business, may be approved only if the proposed nominated activity relates to employment directly by the sponsor in a position within the sponsor’s own business and that is not hired out or supplied to other unrelated businesses.

The following provisions of the Regulations are amended:

Transitional provisions:

The amendments apply to all relevant applications:

Forms: Essential changes:

Instructions: PAM3 Div 1.4A; PAM3 Sch2Visa 457 will be amended to reflect these changes.