The matter that is the subject of today’s post has immediate practical importance for anyone who is considering to apply for the Employer Sponsored Work Visa (Subclass 457 & 186).
In this post we want to provide a sought-after clarification in regards to a controversial topic about the employer’s obligation to pay for when they sponsor an employee for a work visa under Subclass 457 & 186.
Within a current ‘paying for visa sponsorship’ framework it is not acceptable for sponsors, nominators, employers or other third parties to make a personal gain from their position in a ‘paying for visa sponsorship’ arrangement, nor is it acceptable for current or prospective visa holders to obtain permanent residence in Australia, or have the opportunity to work in Australia by providing a benefit to an employer for a job.
As part of a ‘paying for visa sponsorship ‘ framework, there are criminal and civil penalties and visa cancellation sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for visa sponsorship or employment.
The cautious approach which some immigration lawyers/migration agents promote would be sure to impose on the employer all expenses which occur during the work visa application process.
However, our understanding of the current immigration legislation which recently has been confirmed by the Department of Immigration and Border Protection, is the following –
The employer must pay SBS & Nomination charges, and their associated costs.
The applicant may pay the visa application charge and its associated costs.
Whereas this visa does not have any sponsorship obligations, the employer is not obliged to pay the nomination and visa charges. The applicant may pay all visa and nomination charges, and their associated costs.
We hope the above information on work visa helps.