Find a visa Find the right visa for your needs

Frequently Asked Questions – Temporary residence visas (excluding subclass 457) and the impact of the Migration Legislation Amendment (Worker Protection) Act 2008 (the Worker Protection Act)

Employer Sponsored Workers

On this page


If you are a sponsor

I am an employer/program provider and I currently have people working for me that were granted their visa before 14 September 2009. How do the new changes affect me?

Persons granted visas before 14 September 2009 are unaffected by these changes. If you intend to bring further people to Australia after 14 September 2009 you must apply for and be approved as a sponsor before these people can be granted a visa. Depending on the visa subclass to be applied for, you may also be required to nominate these people for a particular occupation, program or activity.

I lodged a sponsorship application before 14 September 2009 that has not yet been decided, what happens to it?

As long as the visa application associated with your sponsorship application was lodged prior to 14 September, both applications will be assessed against the relevant legislation as in force before 14 September 2009.

If you did not have a visa application submitted before 14 September 2009, then you will be required to submit a new sponsorship application and be assessed under the new regulations. You will also have to pay a new sponsorship fee unless your old sponsorship application was approved before 14 September 2009.

I was approved as sponsor before 14 September 2009 but no visa application was lodged in relation to that sponsorship before 14 September 2009. Do I need to be approved as a sponsor again?

Yes, you will need to complete a new sponsorship application form and be assessed against the new sponsorship criteria, however, as you were previously approved as a sponsor you will not have to pay a fee for the first application made on or after 14 September 2009. You need to apply again because any persons you wish to sponsor on or after 14 September 2009 must be sponsored by a person who has been approved as a sponsor on or after 14 September 2009.

I want to be a sponsor. Can I lodge an application for sponsorship and a nomination at the same time?

Yes, you may lodge sponsorship and nomination applications at the same time, however, the nomination application will not be assessed until a decision is made on your sponsorship application. The nomination application will not be assessed until the sponsorship has been approved because it is not possible to approve a nomination without an approved sponsorship.

I lodged a sponsorship application and a nomination application at the same time, but the sponsorship was refused, am I eligible for repayment of the fee which was paid for the nomination application?

Yes. If you lodge your sponsorship application and nomination application at the same time and your sponsorship application is refused, you will be eligible for the repayment of the fee paid in relation to your nomination application.

My nominated person's visa application was refused. I want to nominate another person. Do I need to make another nomination application or can I use the same one?

Yes, you will need to submit a new nomination application. A nomination specifies the details of the person proposed to be employed or engaged in the nominated position or activity, therefore, if the visa applicant was not successful and you wish to nominate a new person to fill the occupation/program/activity position, a new nomination is required.

You are not eligible for a refund on the nomination of a person whose visa application was refused.

The person I nominated has withdrawn their visa application. Do I need to make another nomination application or can I use the same one?

Yes, you will need to make a further nomination application that is specific to the new visa applicant or other visa holder you are proposing to employ or engage in activities in Australia.

I lodged a nomination application before 14 September 2009 that has not yet been decided, what happens to it?

If you lodged the visa application with the nomination application, the visa and nomination applications will be assessed under the legislation that applied at the time of lodgement.

If you have only lodged the nomination application prior to 14 September 2009, it will not be considered by the department and you will need to lodge a new nomination application to be considered under the new legislation.

I sponsored people before 14 September 2009. Do my obligations to them change?

No. Your existing obligations or undertakings in relation to people you have sponsored will continue to apply. The new sponsorship obligations only apply to persons that make a visa application that requires sponsorship on or after 14 September 2009.

If you are a visa applicant or a current visa holder

I lodged a visa application before 14 September 2009 that has not yet been decided. What happens to it?

You are unaffected as any visa applications which were lodged but not decided before 14 September 2009 will be assessed against the legislation that applied at the time of lodgement.

I lodged a visa application before 14 September 2009 that has not yet been decided and no sponsorship application has yet been made in relation to that application. Does my proposed sponsor need to apply under the new regulations or the old regulations?

If you applied for a visa before 14 September 2009 that required sponsorship, but the sponsorship application was not lodged before 14 September 2009, your proposed sponsor should apply for sponsorship in accordance with the legislation that applied immediately before 14 September 2009.

The sponsorship application will be assessed against the legislation that applied immediately before 14 September 2009.

I currently hold a valid visa that was issued before 14 September 2009. How do the new changes affect me?

You are unaffected by the changes. If you wish to apply for a new visa after 14 September 2009 your employer/program provider will need to be an approved sponsor.

I lodged a visa application prior to the sponsorship and/or nomination being approved. If the sponsorship and/or nomination applications are refused and I withdraw my visa application, am I eligible for a refund of the visa application fee paid in respect of the application?

Generally, no. The department recommends that visa applicants do not lodge their visa application until their sponsor's sponsorship and nomination applications have both been approved by the department.

I don't think my sponsor is meeting their obligations to me. What can I do?

You should contact the office of the department in the Australian state or territory that you lodged your visa application, to report your concerns.
See: Contact Us – Australian Offices

For sponsors, visa applicants and current visa holders

How do I find out more about the new arrangements?

You can find out more about the requirements specific to the visa subclass that you are applying for by looking at the relevant visa subclass information pages on the department's website.
See: Workers

How do I provide feedback about the new arrangements?

You can provide feedback to the department here.
See: Client Feedback

Last modified Wednesday 27 August 2014