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AUSTRALIA – Additional Sponsorship Obligation for Subclass 457 Visas

Effective 19 April 2016, business sponsors must declare in writing that they do not (and will not) engage in discriminatory recruitment practices on the grounds of immigration status or citizenship.

This is in addition to the existing Sponsorship Obligations outlined here by our partner in Australia, Visa Executive.

What exactly is the new sponsorship obligation?

  • This new sponsorship obligation applies to a person who is or was a standard business sponsor; and is lawfully operating a business in Australia.
  • The sponsor must not engage in, or have engaged in, discriminatory recruitment practices during the period of their approval as a sponsor.
  • This obligation starts to apply on the day the person is, or was, approved as a standard business sponsor, and ends when the person ceases, or ceased, to be a standard business sponsor.
  • ”Discriminatory recruitment practice” means a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.
  • This new obligation is in addition to the sponsor’s existing obligations.

Action Items

  • Business sponsors should be prepared to provide a written declaration that they do not and will not engage in discriminatory recruitment practices. Processing times, however, should not be affected.

This news alert was prepared using information provided by Visa Executive.

DISCLAIMER: The information contained in this immigration alert has been abridged from laws, court decisions, and administrative rulings and should not be construed or relied upon as legal advice. If you have specific questions regarding the applicability of this information, please contact Peregrine © 2017 Peregrine Immigration Management Ltd.