
Country / Territory
Australia
A new rule requires sponsors submitting subclass 457 visa applications on or after April 19, 2016 or those awaiting approval as of that date to submit a declaration that they will not engage in recruitment practices that discriminate against potential employees on the grounds of immigration status or citizenship.
The addition of the new sponsorship obligation will allow the Department of Immigration and Border Protection to impose fines on sponsors that violate or do not comply with the new rule on or after April 19.
Background
The new rule implements a recommendation from the independent review of the subclass 457 program held in 2014. This is in addition to the requirement for sponsors to submit an attestation they have a strong record of, or a demonstrated commitment to, employing local labor.
'Discriminatory recruitment practice' is defined in the new regulations as a recruitment practice that directly or indirectly discriminates against a person based on the immigration status or citizenship of the person, other than a practice engaged in to comply with a Commonwealth, State or Territory law.
What This Means for Employers
The new declaration requirement adds an administrative step and potential penalty for sponsors that breach the new sponsorship obligation.
Fragomen will contact clients who are in the process of applying for or renewing their sponsorship status to discuss submitting the new declaration.
This alert is for information purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen or send an email to [email protected].
MARN: 1278811
©2016 Fragomen
Country / Territory
Explore more at Fragomen

Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Blog post
Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Blog post
Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Blog post
This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Video
Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Blog post
This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Media mentions
Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Blog post
Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Media mentions
Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Media mentions
Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.

Podcast
David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Blog post
Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Blog post
Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Blog post
Destination Services Manager Ali Sikandar provides essential information for expats navigating the Saudi real estate market.

Blog post
This blog highlights the most significant immigration developments shaping the Middle East and Africa in 2025, drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July.

Video
Immigration Consultant Azela Hadia covers everything you need to know about French citizenship by decree, a legal process through which a foreign national can acquire French nationality.

Blog post
This blog provides an overview of the key factors to consider when deciding in which jurisdiction to set up a company in the UAE.

Media mentions
Manager Alexander Hood explains how the UK’s Global Talent visa helps tech founders start and grow businesses without employer sponsorship.

Blog post
Partner Siobhan Owers and Senior Associate Asif Hanif discuss the latest UK immigration announcements and their impact on the future of care work.

Media mentions
Senior Business Immigration Analyst Rabaa Biry recently shared her journey to Canada and how support and perseverance helped shape her path forward.

Media mentions
Partner Abeer Al Husseini highlights how Saudi Arabia’s growing film industry is creating jobs, attracting global talent and supporting economic diversification.