Visa Migration Services Australia

Changes to declaration forms for 457 and ENS/RSMS

04-Nov-2016 

Since changes to the 457 program came into effect in November 2015 there has been confusion relating to declarations made by sponsors and visa applicants.

When a new 457 visa application and nomination of a position are made both the sponsor and visa applicants are to declare that the sponsor has not – in any way – received a benefit for being the sponsor. 

For example, a visa applicant may have paid for the cost of the nomination or visa application or the visa applicant has promised to commit to extra work hours because they are being sponsored. 

From November 2015, significant fines apply if the visa applicant has in any way contributed to the cost of visa and sponsorship applications. The change was to protect visa applicants. 

It resulted in some confusion concerning how the declarations are made. Despite the online form allowing the sponsor and visa applicant make their declarations in the application a formal declaration in writing was to be also supplied – in effect a doubling up of the declarations. 

Earlier in the year the Department of Immigration and Border Protection (DIBP) were refusing visa and nomination applications that were not accompanied by the formal declaration, in effect making the application invalid and it could not proceed. 

The Migration Institute of Australia, the professional body representing migration agents, has obtained clarification from DIBP concerning declaration requirements. Finally, after almost a year, DIBP have clarified the situation. 

Subclass 457 sponsor certification and visa applicant declaration

The certification and declarations included in the online application forms are sufficient to meet the requirements of Sch 1, Item 1223 (3) for these applications.
No additional declaration and certification forms need to be attached to the applications.

The clarification was also extended to clarify declaration for Employer Nominated Scheme (visa subclass 186) and Regional Sponsored Nomination Scheme (visa subclass 187).


Subclasses 186/187 NOMINATOR certification

Reg 5.19(2) requires the nominator to complete the application form (1395 internet) AND to also attach 'written certification' that s245AR(1) of the Act has not been contravened.
Permanent Skilled Entry has interpreted this to mean that a separate, physically signed, certification formmust be uploaded to the nomination application. 

The certification forms are available here: Employer's certification form

Subclasses 186/187 VISA applicant declarations

For applications lodged after 1 JULY 2016 when the declaration was included in the online application -NO separate declaration is required.

For applications lodged before 1 July 2016, when the declaration was not included in the online form, a separate declaration must be signed by the visa applicant and uploaded with the application.

The declaration forms are available here: Visa applicant declaration form





Subclasses 186/187 NOMINATOR certification
Reg 5.19(2) requires the nominator to complete the application form (1395 internet) AND to also attach 'written certification' that s245AR(1) of the Act has not been contravened.
Permanent Skilled Entry has interpreted this to mean that a separate, physically signed, certification formmust be uploaded to the nomination application.
The certification forms are available here: Employer's certification form
Subclasses 186/187 VISA applicant declarations
For applications lodged after 1 JULY 2016 when the declaration was included in the online application -NO separate declaration is required.
For applications lodged before 1 July 2016, when the declaration was not included in the online form, a separate declaration must be signed by the visa applicant and uploaded with the application.
The declaration forms are available here: Visa applicant declaration form

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