As Supra Legal previously discussed, in December new provisions were introduced with criminal and civil penalties and visa cancellation provisions for a person who asks for, receives, offers or provides a benefit in return for a visa sponsorship or employment that requires visa sponsorship (otherwise known as a 'sponsorship-related event').
As part of this framework applicants are required to declare, and employers are required to certify, at the time of lodgement that they have not breached the provisions in relation to accepting or making payment or benefit in return for sponsorship of a visa. Although the application form for most subclass visa applications that this applies to have been amended to include the relevant declaration and certification, this has not yet occurred for subclass 186 nominations and visa applications. A separate form is currently required to be lodged for these. This should be lodged at the time of application. However, until the changes are made to the relevant forms, DIBP have indicated that they will accept submission of the forms after lodgement. If a formal request is sent and the forms are not received within 28 days then the application will be deemed to be invalid.