# Declaration Form – Paying for visa sponsorship help?



## Chillers (Jul 16, 2013)

Hi guys, we have submitted our visa 186 and all required evidence, however it seems as of 14th Dec we are required to complete this form.

We are really confused about what selection describes us, we find it very hard to understand what they are asking here.

The options are:


I declare that I have engaged in conduct in relation to this application that constitutes a
contravention of subsection 245AS(1) of the Migration Act 1958.
I declare that I have not engaged in conduct in relation to this application that
constitutes a contravention of subsection 245AS(1) of the Migration Act 1958. 

The Form is here
The description is here

Any help would be appreciated, my guess is selection 2.


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## JandE (Jul 17, 2015)

> On 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').
> 
> https://www.border.gov.au/Trav/Work/Work-1/payment-for-visas-declaration-requirement


If everything is above board, then I guess you tick the 2nd option "I declare that I have not engaged... etc"

I wonder how many people would actually declare that they have "_engaged in conduct in relation to this application that constitutes a
contravention of subsection 245AS(1) of the Migration Act 1958_."

I liked this last bit: "_It is not necessary to prove a person's state of mind in proceedings for a civil penalty order_ "


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## Chillers (Jul 16, 2013)

JandE said:


> If everything is above board, then I guess you tick the 2nd option "I declare that I have not engaged... etc"
> 
> I wonder how many people would actually declare that they have "_engaged in conduct in relation to this application that constitutes a
> contravention of subsection 245AS(1) of the Migration Act 1958_."
> ...


Well thats the problem, when i gave it to my gf to sign she origionally ticked both boxes, i went to upload and was about to submit when i thought i better check this!. Fortunately i did and after reading together we ticked the first box and re-scanned it. I re-read each selection and realized that they seem very contradicting and that the second selection may be the correct option.

We have not engaged in any illegal activities and we have paid for the visa from our own accounts.

As this is new i can see a lot of people getting caught out in this.


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## JandE (Jul 17, 2015)

Chillers said:


> As this is new i can see a lot of people getting caught out in this.


I think I agree with you, the wording is not the easiest for many people.
I had to re-read it to ensure I knew what it was saying.


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## CCMS (Oct 10, 2013)

The way I understand it, this was brought in to prevent employers from charging visa applicants massive amounts of money to get a sponsorship.

Unlike with sc. 457 visas, the sponsor does not *have to* pay for the nomination application process (VAC and agent fees) in regards to 186 and 187 visas.

So , unless you bought yourself a job, the answer should be number 2.


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## Chillers (Jul 16, 2013)

Thanks nick, hopefully this will help people in the future too as i couldn't find any information anywhere regarding this as it was so new.


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## CCMS (Oct 10, 2013)

See below for an (edited and abbreviated) comment from the DIBP on this matte. Note, this is in relation to 186/187 applications :

_The purpose of the Charging for a Migration Outcome Act is to address unlawful practices where people ask for, receive, offer or provide a benefit in return for visa sponsorship or related employment. The Australian Government has no intention of using this legislation to sanction legitimate business activities or the delivery of legitimate professional services for profit.

The legislation was cast broadly to include third-parties such as professional service providers because the Department was aware of circumstances where unlawful payments have been disguised in the context of fees charged for other professional services. The legislation enables the Department to investigate such allegations and take action where appropriate.*

In respect of businesses requiring visa holders to pay visa fees or nomination costs (that are not otherwise prohibited from being passed on under the sponsor obligations framework under Division 3A of Part 2 of the Act), the Department does not consider these activities to be within the scope of the 'payment for visa sponsorship' framework._


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## popz (Mar 24, 2016)

Chillers said:


> Well thats the problem, when i gave it to my gf to sign she origionally ticked both boxes, i went to upload and was about to submit when i thought i better check this!. Fortunately i did and after reading together we ticked the first box and re-scanned it. I re-read each selection and realized that they seem very contradicting and that the second selection may be the correct option.
> 
> We have not engaged in any illegal activities and we have paid for the visa from our own accounts.
> 
> As this is new i can see a lot of people getting caught out in this.


I received this form as well last two days ago. Lucky I found this forum, but I'm just wondering if where do I attach this I mean is what evidence type I'm going to use since immigration only said attach as a supporting document. Any help highly appreciated!..


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## azw (Apr 20, 2016)

Hi there, under what 'Evidence Type' (i.e. drop down box) do we upload the declaration form under? I can't find any that suits it...


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