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AUSTRALIA: Superseding Estimated Nominations May Not Automatically End Business Sponsorships
February 26, 2014
The Australian Government has issued an amendment to the immigration rules regarding registered on-shore and offshore businesses (“Standard Business Sponsors” or “ SBS") forecasting the number of foreign workers needed (“nominated positions”) over the duration of their three-year sponsorship status. As of February 14, 2014, SBS’s may no longer be penalized with losing their sponsorship status should they supersede their original estimate of nominated positions.
On July 1, 2013, the Department of Immigration and Border Protection (DIBP) restricted SBS’s to sponsoring only to the number of Subclass 457 workers indicated in the original sponsorship application. If the SBS required additional workers, the sponsorship status needed to be renewed. As of February 14th, this onerous forecasting requirement has been lifted and the new nomination requirements are as follows:
Businesses submitting sponsorship applications on or after February 14, 2014 are still required to forecast as closely as possible the number of foreign workers for the next three-year period (the usual sponsorship period). Businesses must enter their forecasted number as part of their online application with the DIBP. However, SBS’s will be able to request additional nominations from the DIBP should they supersede their original estimate during the three-year sponsorship period.
Businesses having their sponsorships approved prior to February 14, 2014 must be mindful that, technically, their sponsorship status ends once they meet their estimated number of nominations. However, there will be opportunity for SBS’s to avoid this by tracking and managing the number of available nominations left and filing a new sponsorship application with the DIBP prior to reaching their maximum estimate.
What To Do
Businesses are advised to work with either an Australian Registered Migration Agent (RMA) or Australian immigration attorney to forecast the business's foreign worker needs over a three-year period.
For those businesses considering filing a new SBS application, review with your Australian immigration provider if supplying a slightly higher estimate would be acceptable. For those SBS’s with nominations already in place, now is a good time to review with your Australian immigration provider tracking the number of available positions left and whether to approach the DIBP to apply for a new sponsorship application.
LGI thanks VISA EXECUTIVE in Australia for contributing to this news posting.
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