MA has received queries from members about rebates to 457 business sponsors for training benchmark contributions, recently offered by Gold Coast Institute of TAFE (GCIT).  The offer has raised concern about compliance with the DIBP training benchmark requirements.

MA has researched this issue and provides the following advice to its members.

The offer of a rebate to business sponsors will act to invalidate the statutory requirements for the relevant contribution required by the Act and the Regulations.  The resultant receipt is untrue and constitutes a false statement caught by section 234 of the Migration Act 1958.

Put simply, if a rebate is paid to the business sponsor then their requirement to pay a designated amount is not met and thus invalidates the relevant attempt to meet the statutory requirement.

Please note that Training Funds can pay commission to Migration Agents for client referrals.  Commission arrangements are best managed through a Referral Agreement.  The Agreement should clearly set out the obligations of both parties, especially the requirement for Migration Agents to disclose commission to their clients, in compliance with Part 2.2 of the Code.

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Potentially, it is a multi-million dollar market for the migration advisory industry. With interest from overseas investors in the Significant Investor Visa programme (SIV) gathering pace the reality however may be that only RMAs working together with consultants experienced with business, investment and tax advice are likely to corner the market. Migration Alliance has worked closely with the likes of PwC, NAB, Ord Minnett, and several other consultants and companies to create a streamlined solution for SIV prospects which RMAs can easily access in order to start tapping into this potentially lucrative market.

The Coalition government’s concerted effort to remove obstacles in the SIV programme, has now had rich investors looking at it as a genuine pathway into Australia. “At $1 billion worth of investment so far and rising fast, Australia’s “significant investor” program is demonstrating its appeal – especially to wealthy Chinese. The general idea is to use the lure of residency visas in exchange for $5 million worth of approved investment in Australia. “ reports the Australian Financial Review.

Under the Coalition government some 190 applications have been approved under the SIV programme with a further 550 under consideration. The Coalition is now reviewing the programme in order to improve it further by removing cumbersome aspects of the application and expanding investment options. “The government continues to work closely with the financial services industry and other stakeholders to offer greater flexibility and investment choices for the future investment migrants,” said Senator Michaelia Cash, the Assistant Minister for Immigration and Border Protection.

Unlike many of the other visas RMAs deal with, the SIV poses some unusual challenges: given the large amount of money required from applicants on the one hand and the fact that applicants, on the other hand, need confidence that their migration advisory consultants will properly help provide direction on how they can manage their money and the process successfully.

Toward this, the Migration Alliance together with its partners have setup the SIV portal to help both RMAs and prospective applicants understand some of the key issues in the process. The portal is a good starting point for RMAs wanting to know more about how to assist prospective applicants. Some of the issues addressed include the following:

Application fraud, fake documents, false information, and visa conditions breach are increasingly being targeted in a “risk-based approach to support the integrity of Australia’s border, immigration, detention and citizenship programs” according to DIBPs Annual report 2012-2013.

The Risk Fraud and Integrity Division (RFID) boasts that it works with local and international agencies to filter out visa fraud at all levels. Comprising of several units focusing on various aspects of the systems integrity, the division in particular administers and enforces Public Interest Criteria 4020 (PIC 4020).

Also known as the "application integrity criteria', PIC 4020 has quietly taken a life of its own over the last few years and has recently survived a court challenge where an applicant's visa refusal, inspite of corrected information, was upheld by the court because the original information provided was false and thus caught by PIC 4020.

Beside visa refusal and cancellation one of the most severe consequences of PIC 4020 is a ten year ban for applicants on making further applications.

Some of the work of the various units of the RFID are set out in DIBP's reports as follows:

Dear Mr Ferenc

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