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IMPACT – MEDIUM
What is the change? The Department of Immigration and Border Protection (‘DIBP’) is requiring new mandatory declarations by employers and visa applicants under a recent law that makes it a crime to offer, ask for or receive payment or other benefits in exchange for a visa outcome. Whilst some of the DIBP nomination and visa application forms have already been updated with this declaration/certification (including the Temporary Work (Skilled) (subclass 457 visa)), a number of other affected visa subclasses will not have the declaration/certification included in the relevant DIBP application forms until later this year.
What does the change mean? In visa categories where the relevant application forms have not yet been updated to include these declarations/certifications, employers and individuals who lodged applications on or after 14 December 2015 must fill out and sign a form stating whether or not they have engaged in ‘payment for visa outcome’ conduct. Electronic signatures will not be accepted.
Background: Under the new framework, payments, gifts or other benefits are prohibited in exchange for visa sponsorship or a sponsorship-related event. The law passed in November and regulations were adopted in December in an effort to prevent abuse of workers and visa scams. The list of affected visa categories and schedules may be viewed on the DIBP webpage.
BAL Analysis: BAL will be working with clients and their employees to ensure that these declaration and certification forms will be completed and the requirement has been addressed.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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