澳大利亚移民局开始严查担保签证申请-Paying for visa sponsorship – De

http://www.border.gov.au/Trav/Work/Work-1/payment-for-visas-declaration-requirement
Paying for visa sponsorship – declaration requirementOn 14 December 2015 new criminal and civil penalties and visa cancellation provisions were introduced as part of a framework that allows for sanctions to be imposed on 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').The declaration requirementFollowing the introduction of these new laws, sponsors, nominators and visa applicants are required to provide a statement in relation to current or previous conduct that constitutes a breach in 'paying for visa sponsorship' activity. For the purposes of visa applications, this statement is referred to as a declaration. SeeDeclaration form (134KB PDF)The mandatory declaration is required from visa applicants and requires you to have an understanding of the relevant sections the Migration Act 1958 (the Act), to which you are making your declaration against.  As a visa applicant, sections 245AQ and 245AS of the Act are applicable. This information is presented below for your reference.245AQ definitionsbenefit includes:

a payment or other valuable consideration

a deduction of an amount

any kind of real or personal property

an advantage

a service

a gift.
sponsorship-related event means any of the following events:

a person applying for approval as a sponsor under section 140E in relation to a sponsor class

a person applying for a variation of a term of an approval as a sponsor under section 140E in relation to a sponsor class

a person becoming, or not ceasing to be, a party to a work agreement

a person agreeing to be, or not withdrawing his or her agreement to be, an approved sponsor in relation to an applicant or proposed applicant for a sponsored visa

a person making a nomination under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination

a person not withdrawing a nomination made under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa

a person applying under the regulations for approval of the nomination of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination

a person not withdrawing the nomination under the regulations of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa

a person employing or engaging, or not terminating the employment or engagement of, a person to work in an occupation or position in relation to which a sponsored visa has been granted, has been applied for or is to be applied for

a person engaging, or not terminating the engagement of, a person to undertake a program, or carry out an activity, in relation to which a sponsored visa has been granted, has been applied for or is to be applied for

the grant of a sponsored visa

a prescribed event.
A prescribed event within 245AQ(l) of the Act, is defined at 5.19N of the Migration Regulations 1994 (the Regulations) and includes:

a person becoming, or not ceasing to be, a party to a labour agreement that is not a work agreement

a person nominating a position in accordance with such a labour agreement in relation to the holder of, or an applicant or proposed applicant for,  a sponsored visa, or including another person in such a nomination

a person not withdrawing a nomination of a position made in accordance with such a labour agreement in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa.
245AS Prohibition on offering to provide or providing a benefit in return for the occurrence of a sponsorship-related event

A person (the first person) contravenes this subsection if:

the first person offers to provide, or provides, a benefit to another person (the second person); and

the first person offers to provide, or provides, the benefit in return for the occurrence of a sponsorship-related event.
Civil penalty: 240 penalty units.

To avoid doubt, the first person contravenes subsection (1) even if the sponsorship-related event does not occur.

Subsection (1) does not apply if the benefit is a payment of a reasonable amount for a professional service that has been provided, or is to be provided, by the second person or a third person.

A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.
Note: It is not necessary to prove a person's state of mind in proceedings for a civil penalty order (see section 486ZF).

联系人：
联系方式：