Australian Immigration Daily News

This instrument repeals the Migration (IMMI 18/038: Sponsorship Applications and Nominations for Subclasses 407, 457 and 482 Visas) Instrument 2018 (IMMI 18/038) (F2018L00287) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). IMMI 18/038 was made on 15 March 2018 under subparagraphs 2.61(3A)(b)(i) and (ii), paragraphs 2.61(3A)(ba) and (c), paragraph 2.61(3B)(a), subregulations 2.66(3) and (4), paragraph 2.66(5)(a), subregulations 2.73(4) and (5), paragraph 2.73(7)(a), and subregulation 2.73A(2) of the Regulations.

Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

This instrument operates to specify: (a) the forms and fees for the purposes of any of the following:

((i) an application for approval as a standard business sponsor or a temporary activities sponsor, or to vary a term of approval as a temporary activities sponsor (sponsorship application);

(ii) a nomination of an occupation in relation to a Subclass 457 (Temporary Work (Skilled)) visa or a Subclass 482 (Temporary Skill Shortage) visa or a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (Subclass 494 visa);

(b) the circumstances in which a sponsorship application or nomination can be made in a different way, the different way, and the approved form; and (c) the process for nomination of a program of occupational training for a Subclass 407 (Training) visa.

The purpose of this instrument is to address the changes to the Regulations by the Migration Amendment (New Skilled Regional Visas) Regulations 2019 with effect from 16 November 2019.

In particular, the instrument gives effect to the new subregulations 2.73B(4), 2.73B(5), 2.73B(7) and 2.73B(14) by specifying the forms and fees for sponsorship applications and nominations under the new Subclass 494 visa.

It also specifies the circumstances in which a sponsorship application or nomination in relation to a Subclass 494 visa may be made in a different way, and the approved form for that purpose.

The fees specified for sponsorship applications and nominations under the Subclass 494 visa remain consistent with the fees specified for other Subclasses in the revoked instrument IMMI 18/038. IMMI 18/038 was implemented as part of the broad package of reforms for the employer sponsored skilled visa programs, announced by the Government on 18 April 2017.

Source: LIN19215.pdf and LIN19215-Explanatory-Statement.pdf