StirlingHenry

As recently advised by Stirling Henry, the Australian Department of Immigration & Citizenship (DIAC) is introducing an accredited status for Standard Business Sponsors. The commencement date of the program has been slightly delayed from the original planned date of November 1, 2011 to November 7, 2011.

Accredited status will provide an accredited sponsor with priority 457 visa processing (both visa applications and company nominations). Accreditation will be available for either a new sponsorship application or by varying an existing sponsorship. If accreditation is approved, the sponsorship agreement will last for six years (increased from the existing approval period of 3 years).

DIAC has now advised the final criteria.

Sponsors who want to be approved for accredited status must meet all of the following characteristics:

• be a government agency, a publicly-listed company, or a private company, with a minimum of $4 million turnover per year for the last three years
• have been an active Subclass 457 visa sponsor for the past three years (with a break of no more than six months, which was not due to any sanction)
• have no adverse information known about them based on Department of Immigration and Citizenship and Department of Education, Employment and Workplace Relation monitoring, including formal warnings and sanctions
• have had at least 30 primary Subclass 457 visa holders granted in the previous 12 months
• have lodged a high level of decision-ready applications over the previous two years
• have a non-approval rate of less than three per cent for the previous three years
• have Australian workers comprising at least 75 per cent of their workforce in Australia and a commitment to maintain this level.

If a sponsor does not maintain these characteristics, accredited status can be revoked, which means priority processing will be retracted. The validity length of the sponsorship cannot be changed, and will remain at six years.

DIAC has sensibly removed the ill-conceived original plan of also requiring firms to have a valid collective or enterprise agreement which will cover all sponsored Subclass 457 visa holders earning less than A$180,000. This original requirement was not well planned and not appropriate for the vast majority of business sponsors. We welcome this requirement being removed.

Stirling Henry is also seeking further review regarding the requirement to:

• have no adverse information known about them based on Department of Immigration and Citizenship and Department of Education, Employment and Workplace Relation monitoring, including formal warnings and sanctions

It seems ludicrous that a minor warning that occurred in the distant past now prohibits a company that has exhibited an excellent record of compliance with workplace and migration laws over an extended period of time now seeking accredited sponsorship status. We are seeking advice from DIAC and will advise our clients and subscribers as soon as information is available.

DIAC has advised that an application for accredited status may be lodged anytime from November 7 electronically or in paper form. DIAC are releasing further details on the procedural requirements of lodging an application on November 7. Stirling Henry will provide additional information when appropriate.

Conclusion

Stirling Henry welcomes the introduction of accredited status for Standard Business Sponsors. If you are eligible we strongly advise you to consider lodging an application. There are two immediate benefits:

1. Priority Processing of both 457 nomination and 457 visa applications
2. Status is approved for a period of 6 years (increased from the current period of 3 years)

Please contact your Stirling Henry immigration professional for further details and clarification.

Stirling Henry Global Migration
MARN: 9683856