Not Passing on Migration Agent Costs

 
 

The Migration Amendment Regulation 2013 (No. 5), dated 28 June 2013 commencing 1 July 2013 introduced this change to the Sponsorship Obligations:

 

2.60S  Additional criteria for all classes of sponsor—transfer, recovery and payment of costs

             (1)  For subsection 140E(1) of the Act, the criteria in this regulation are in addition to the criteria in regulations 2.59 to 2.60M.

             (2)  The criteria that must be satisfied for the Minister to approve an application by a person (the applicant) for approval as a sponsor mentioned in any of regulations 2.59 to 2.60M include a criterion that the Minister is satisfied that:

                     (a)  the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, associated with the applicant becoming an approved sponsor; and

                     (b)  the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, associated with the applicant becoming an approved sponsor; and

                     (c)  the applicant has not taken any action, and has not sought to take any action, that would result in the transfer to another person of some or all of the costs, including migration agent costs, that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act; and

(d)          the applicant has not taken any action, and has not sought to take any action, that would result in another person paying to a person some or all of the costs, including migration agent costs, that relate specifically to the recruitment of a non‑citizen for the purposes of a nomination under subsection 140GB(1) of the Act

 

Of course the above does not apply to the ENS or RSMS visa. However, due to the broadness of the proposed Migration Amendment (Charging for a Migration Outcome) Bill 2015, it may be the case that employers will also be barred from recovering or seeking payment of the costs involved in ENS or RSMS nomination.

Barbara DavidsonNot Passing on Migration Agent Costs