Paying for Visa Sponsorship Declaration Form Changes

June 19, 2016
Paying for Visa Sponsorship Declaration Form Changes

Paying for Visa Sponsorship Declaration Form Changes.  On 1 July 2016 Employer Nomination Scheme (ENS) Subclass 186 and Regional Sponsored Migration Scheme (RSMS) Subclass 187 nomination and visa application e-forms will be modified to capture the applicant’s statement at time of lodgement. The forms will include a statement that the applicant must respond to with either a ‘yes’ or ‘no’. The application cannot be progressed or submitted to the Department if no response has been made to this statement.

These changes came about when the Department released a “Payment for visa sponsorship framework” in December 2015 where a new criminal and civil penalties and visa  cancellation provisions were introduced as part of a framework that allows for  sanctions to be imposed on a person who asks for, receives, offers or provides  a benefit in return for a visa sponsorship or employment that requires visa  sponsorship (otherwise known as a ‘sponsorship-related event’).

The intent and scope of the ‘Payment for Visa Sponsorship’ framework is  to address unlawful practices where people ask for, receive, offer or provide a  benefit in return for visa sponsorship or related employment. The  legislation was cast broadly to include third-parties such as professional  service providers because the Department was that unlawful  payments have been disguised in the context of fees charged for other  professional services.

Source:  MIA and DIBP