457/ENS/RSMS | [Charging migration outcome] an Official response from DIBP

NO More Migration Fraud to Business sponsorship visas (457/186/187). Please keep Australian business sponsorships from prevalent mal-practices. Business sponsorships are not commodity that can buy or sell or invest. If you have ever known this malpractice please report it to the Immigration department, so that this skilled migration program works properly.

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The Migration Institute of Australia has had with the Department of Immigration and Border Protection, MIA has received a response from the Department which will allay many of the concerns of MIA Members about the Migration Amendment (Charging for a Migration Outcome) Act 2015.

In essence, the Department’s response is:

1. The payment of ENS/RSMS nomination fees or visa fees is not within the scope of the legislation. The payment of these fees by an ENS/RSMS employee is acceptable and is not considered a “benefit” to the employer.

2. ENS/RSMS are included in the “payment for a visa sponsorship” framework through section 245AQ of the Act.

3. The fees registered migration agents charge are not the target of the legislation and the question of “reasonable fees” would only arise in the course of an investigation where, for instance, it was suspected that those fees disguised other payments for a visa outcome.