In or around 2015, the Department changed its policy in assessing self-sponsored 457/482 visa applications. Prior to this change, visa applicants were able to sponsor themselves under a business, even though they may have an interest in that business.
Submitting a self-sponsored application is complex, as the policy guidelines are discretionary. The relevant procedure advice manual guidance states as follows regarding self-sponsored visa applications:
“The above policy settings do not prevent individuals from sponsoring themselves (that is, “self-sponsorship”) – however, in such cases there needs to be another reason for the position being created.
It cannot just be to facilitate a long-term stay in Australia and/or create a pathway to permanent migration.
Such arrangements can be approved under policy if there will be a genuine economic benefit to Australia (for example, an innovative IT entrepreneur intends to move their business to Australia, which will support growth in the technology sector and create jobs for Australians).”
Prior to the above policy, I recall many business owners further expanding their business in Australia once they had their 457 visa approved under said business.
With the three-day Economic Reform Roundtable at Parliament House in Canberra running, it could be a good idea for the Federal Government to consider softening the above policy. The mechanism is already available under the existing migration framework; the policy just needs some thought.
However, despite the complex policy, RSG has advised many clients on how to successfully obtain a self-sponsored 482 visa. Some of these clients had the following circumstances:
1. Long-standing business in Australia however, no other immigration pathway was available.
2. Establish an international conglomerate that recently established a business in Australia.
3. Innovative business plans in Australia that are in line with the Government key sectors that have a genuine benefit to Australia. If you require any further information about this publication, please contact our office in the details mentioned in the footer.
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pam.analie@rsglaw.com.au
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