Visa Migration Services Australia

Declarations Deadlines for ENS-RSMS Applications

08-Feb-2016 

Permanent employment sponsorship under the ENS/RSMS framework require declarations from both the sponsoring employer and visa applicant that visa sponsorship has not resulted in a 'benefit' to the sponsoring employer. These declarations must be submitted with the sponsorship application. 

This is a result of legislation introduced in December: the Migration Amendment (Charging for a Migration Outcome) Act 2014. The legislation makes it illegal for a sponsor to receive a benefit for the act of sponsorship (eg. the visa applicant paying the sponsor a cash payment to be sponsored).

However, it was unclear as to whether or not the changes affected sponsorship applications under the ENS/RSMS visa frameworks. The Department of Immigration and Border Protection has recently confirmed that ENS/RSMS sponsorship applications are affected by the legislation. 

Any application made on or after December 14th 2015 must include the declarations. DIBP will contact sponsoring employers in writing and request the forms be submitted; they must be submitted within 28 days from the date of the letter or the application will be treated as invalid. 

The forms can be downloaded from here:

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