Removal of the discretionary requirement for the Minister to require an Assurance of Support for a number of specified subclasses of visa
9 August 2008 - Legislation Change
Client summary
From 9 August 2008, the Migration Regulations 1994 ('the Regulations') will be amended to remove the discretionary requirement for an Assurance of Support to be provided in relation to applicants for the following subclasses of visa:
- Subclass 119 (Regional Sponsored Migration Scheme);
- Subclass 120 (Labour Agreement);
- Subclass 121 (Employer Nomination);
- Subclass 124 Distinguished Talent (Australian Support);
- Subclass 855 (Labour Agreement);
- Subclass 856 (Employer Nomination Scheme);
- Subclass 857 (Regional Sponsored Migration Scheme) and
- Subclass 858 (Distinguished Talent).
Affected legislation
Schedule 2 to the Regulations.
Additional information: Removal of the Assurance of Support requirement from visa Subclasses 119 (Regional Sponsored Migration Scheme), 120 (Labour Agreement), 121 (Employer Nomination), 124 Distinguished Talent (Australian Support), 855 (Labour Agreement), 856 (Employer Nomination Scheme), 857 (Regional Sponsored Migration Scheme) and 858 (Distinguished Talent), was a recommendation arising from the 2006 multi-agency review of the Assurance of Support Scheme.
Transitional provisions: These amendments apply in relation to an application for a visa made but not finally determined (within the meaning of subsection 5(9) of the Migration Act 1958) before 9 August 2008, and to new applications made on or after 9 August 2008.
Where an Assurance of Support has been lodged but not accepted for the grant of a Subclass 119 (Regional Sponsored Migration Scheme), 120 (Labour Agreement), 121 (Employer Nomination), 124 Distinguished Talent (Australian Support), 855 (Labour Agreement), 856 (Employer Nomination Scheme), 857 (Regional Sponsored Migration Scheme) and 858 (Distinguished Talent) visa immediately before 9 August 2008, the bond will not be required to be paid and the Assurance will be withdrawn. Where an Assurance of Support has been accepted and the bond paid, but no visa granted, immediately before 9 August 2008, the bond will be returned and the Assurance withdrawn.
Forms: Nil
Instructions: The following PAM3 documents will be updated as quickly as practicable to reflect these changes:
- PAM3 Sch2Visa119
- PAM3 Sch2Visa120
- PAM3 Sch2Visa121
- PAM3 Sch2Visa124
- PAM3 Sch2Visa855
- PAM3 Sch2Visa856
- PAM3 Sch2Visa857
- PAM3 Sch2Visa858