It is important for employers and employer sponsored employees to be aware of the migration regulations in relation to recovery of costs associated with the visa application. This blog outlines information that both parties should be aware of.
Migration Regulation 2.87: Obligation not to recover, transfer or take actions that would result in another person paying for certain costs
Approved standard business sponsors (e.g. subclass 457 and subclass 482) are required to meet sponsorship obligations. A business sponsor is responsible for meeting the sponsorship obligations, even if the business has authorised someone else to act on their behalf, including a migration agent/lawyer. One such obligation is to not recover, transfer or charge certain costs to another person.
There is often confusion about what costs can be paid by a sponsor up front and recovered later, or made subject to a clawback agreement.
The following points are relevant to note:
457 / 482 TSS SPONSORSHIP (TEMPORARY RESIDENCY)
Nomination or Sponsorship application costs are not able to be recovered from a visa applicant;
The Skilling Australians Fund (SAF) training levy is not recoverable from a visa applicant;
Migration Agent professional fees related to lodgement of a Sponsorship or Nomination application are not recoverable from the visa applicant.
Visa application Government and Migration Agent costs can be paid up front by a visa applicant;
Visa application Government and Migration Agent costs paid up front by a sponsor are able to be made subject to recovery or a claw back arrangement in some circumstances.
186/187 EMPLOYER NOMINATED PERMANENT RESIDENCY
Nomination application fees can be paid upfront either by the business or by the visa applicant;
Migration Agent professional fees related to lodgement of a nomination can be paid upfront by either the business or the visa applicant;
Visa application fees can be paid upfront either by the business or by the visa applicant;
Migration Agent professional fees related to lodgement of a visa can be paid upfront by either the business or the visa applicant;
If costs are paid by the business, a clawback provision is permissible whereby the applicant can reimburse the business for costs relating to the nomination and visa;
The SAF training levy is payable by the business only and cannot be recovered from a visa applicant.
For more information, advice or assistance please contact Nevett Ford Immigration Lawyers
Telephone: +61 3 9614 7111