Can training benchmarks change from year to year?
There has been some confusion about whether a sponsor must keep with the same training benchmark from one year to another, or whether a sponsor can change benchmarks.
The DIBP Monitoring and Free Trade Agreement Policy Section Director has just released the following advice that training benchmarks can be changed:
No requirement for the sponsor to continue to meet the same benchmark that they were originally approved against
An approved sponsor is required, throughout the term of their approval, to ensure that they continue to meet one of the training benchmarks. There is no requirement for the sponsor to continue to meet the same benchmark that they were originally approved against so long as one of the benchmarks has been met. As such, our advice in relation to monitoring of this requirement has not changed since the advice provided (earlier in 2012).
Sponsors should note that under regulation 2.84 – Obligation to provide information to Immigration when certain events occur, if the information provided at application in relation to the training benchmarks has changed, the department must be notified of this change.
In terms of nominations for ENS and RSMS, reg 5.19(f) may be considered to be met where the sponsor has met one of the benchmarks for each year of approval, regardless of whether different benchmarks were met for alternating years.
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