Visa Newsletters
16th July 2004
New Sponsorship Undertakings and Sanctions now codified as Law
From 1 July 2004, immigration law has been amended to include the following:
- the existing subclass 457 sponsorship undertakings will be specified in the Migration Regulations to make them enforceable (it is now law).
- Two new undertakings will be introduced to ensure that nominees are paid at least the gazetted minimum salary levels (please refer to February news for current levels); and limit the ability of those who are sponsored to work in a regional area to change their location. Other undertakings will be modified (please refer to our website under Subclass 457 visa or contact our office for detailed information).
- Some personal information about subclass 457 visa holders will be able to be disclosed to their sponsors where that information may form the basis of a sanction being imposed on the sponsor.
- Where sponsors breach their undertakings, provide incorrect information to DIMIA or do not continue to satisfy the criteria as an approved sponsor, the sanctions that may be imposed include: cancelling sponsorships, bars on making further applications for approval as a sponsor, bars on making further nominations, bars on further visa approvals under existing sponsorships and requiring securities be paid where sponsors have previously breached undertakings.
- Limit review rights to cancelled sponsorship and sponsored visa applicants.
DIMIA will continue to ensure compliance by business sponsors through stringent sponsorship monitoring surveys. As the consequences of non compliance are serious, we urge all employer sponsors to ensure their company and 457 visa holders to comply with sponsorship undertakings. Please refer to our website under Subclass 457 visa or contact our office for detailed information.
(Tip: keep good records of employee training, notify DIMIA immediately when a subclass 457 holder terminates employment, keep your HR and line managers informed of these issues, especially regarding minimum salary levels Abacus Visa provides these services to our corporate clients.)
