Frequently Asked Questions – Attestation
On 1 April 2009, the Minster for Immigration and Citizenship, Senator Chris Evans announced a requirement for sponsors to attest in writing that they have a strong record of, or a demonstrated commitment to employing local labour and non-discriminatory employment practices.
What the heck is an attestation?
Attestation is the witnessing of the execution by the method that is appropriate to the situation.
Attestation of a document is certification that the document has been executed correctly and is signed by the witness or witnesses to the execution.
Who has to make an attestation?
This requirement applies to all new and existing un-finalised sponsorship applications for a Subclass 457 – Business (Long Stay) visa from 27 June 2009.
What happens to my sponsorship application if it was not finalised by 27 June 2009?
You will be required to make an attestation before your application can be processed. Your case officer will notify you in writing on how and when you can make the attestation.
I have applied to be a Subclass 457 – Business (Long Stay) sponsor. How do I make my attestation?
Application lodged prior to 27 June 2009:
Your case officer will notify you in writing on how and when you can make the attestation.
Applications lodged on or after 27 June 2009:
You will be required to look up an online statement as part of the eVisa application process and select if you make the attestation or not.
From 27 June until mid September a separate attestation attachment will be available for submission with your application.
From 14 September onwards the paper application form 1196S will include an attestation section.
If you submit an application without the attestation attached, processing on the application will cease until the document is provided.
Is there a fee payable to make an attestation?
No additional fees will apply.
If I have a Labour Agreement am I required to make an attestation?
No. Given that the attestation will be a sponsorship approval criterion, employers who are party to a labour agreement will not be required to make an attestation. This is because Labour Agreement sponsors do not have to satisfy the sponsorship approval criteria in the Regulations.
I want to be a Standard Business Sponsor but if I do not want to make the attestation what are my options?
If you decide not to make an attestation then you will need to advise your case officer. You will be unable to meet the criteria for sponsorship under the Subclass 457 – Business (Long Stay) visa and you will be unable to sponsor applicants for the visa.
If I am applying for a Subclass 457 – Business (Long Stay) visa do I need to provide an attestation?
No. Only sponsors of Subclass 457 – Business (Long Stay) visa applicants need to provide attestations, not visa applicants themselves.