13 December 2018
NEW ENHANCED INTEGRITY REGULATIONS
Our December Newsletter sent earlier this week is not quite our last general communication for the year.
Effective today, 13 December 2018, new regulations have introduced a number of enhanced integrity measures.
It may be coincidence that these measures have been introduced at a time that the Department is trying to finalise the 5,000 outstanding 457 visa applications – although the “before Christmas” timeframe has already slipped to February 2019.
For new applications, the important message to take from these changes is that there is a very good reason why your adviser always seeks to lodge a full and complete application on your behalf….the Department can, and will refuse visa applications that are incomplete.
Briefly, the effect of the new regulations is as follows:
- Appeal rights of 457 and TSS applicants will be lost, in the unusual but possible situation where the Department decides to refuse the Visa Application, before any decision is reached on the Nomination. This may happen where it is obvious to the decision-maker that required supporting documents have not been uploaded, especially where the sponsor is not accredited;
- Holders of 457 and TSS visas and Employer Nomination 186 visas may be required to provide their Tax File Number to enable the Department to identify sponsors who have not complied with sponsorship obligations, and visa holders who have not complied with visa conditions;
- Business details of an approved sponsor, or former sponsor, who has not met certain sponsorship obligations, may be published, together with details of the breach and any applicable sanction. There is no requirement for natural justice rules to be observed, and no civil liabilities can arise from the publication of this information.
Your adviser will contact you to discuss any specific concerns.
Good luck in the lead up to the Christmas break!
DISCLAIMER This information is current as of 13 December 2018 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.