The Department of Immigration and Border Protection (Department) has recently made changes to its 457 (Temporary Work) visa policy (457 policy) that effectively means that self-sponsorship applications under the 457 temporary work visa program are likely to be refused on “genuineness” grounds by the Department.
The Department’s 457 policy now states that “The [457] program is not intended to be used for non-citizens to establish a business in Australia and self-sponsor themselves; there are other visa pathways available for such purposes.”
Additionally, as part of the nomination application for a 457 visa, the nominating business is now required to submit information to the Department such as information about the identity of the shareholders and directors of the business.
Accordingly, it is likely that if a 457 visa applicant (or a related party e.g. spouse) owns or controls an Australian business (e.g. is a shareholder or director) that is the nominating business for that 457 visa applicant, their 457 nomination application and/or 457 visa application may be refused.
It is important to note that this change concerns policy, not law. In the past self-sponsorship cases have been approved on appeal at Tribunal level. Going forward it will be interesting to see how the Administrative Appeals Tribunal (AAT) and Courts treat disputed cases involving self-sponsorship subsequent to this policy change.
If you require migration advice and assistance, including assistance with self-sponsorship, business skills visas, investor visas and or appeals to the AAT and Courts, please contact Crawford Yorke (Lawyer and Registered Migration Agent) at crawford@equitaslawyers.com.au or Mayo Tuohy (Registered Migration Agent) at mayo@equitaslawyers.com.au
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