AUSTRALIAMarch 7, 2014

Little over six months after its implementation, the cap on the number of Subclass 457 Nominations a company can use during the lifetime of their Standard Business Sponsorship (SBS) has already been abolished.

Originally implemented on July 1, 2013, a company was required to indicate, at the time of the SBS application, how many Nominations they expected to need during the lifetime of the SBS (3 years) and provide adequate reasons for that number. The DIBP would, in turn, approve a specific amount of Nominations which could either be the same or lower than the requested amount (if the DIBP did not consider the requested amount properly justified). Once the approved number of Nominations was reached, the SBS term would automatically expire and the company would be required to apply for a new SBS entirely.

However, as of February 14, 2014, this so-called Nomination Ceiling will no longer be applied to new SBS applications. Rather, the requested number of Nominations will only be considered an estimate.

For SBSs obtained between July 1, 2013 and February 13, 2014, the Nomination Ceiling will remain in place. However, companies in this position will be able to submit a request for additional Nominations as they near the Nomination Ceiling number and if they expect more Nominations to be needed before the 3 year term of their SBS ends.