Australian Compliance
The Australian Government is committed to the integrity of the corporate visa programs. Accordingly, the Government has established a strict compliance regime. Various Government Departments, including the Department of Immigration & Citizenship, Australian Tax Office, Department of Education, Employment & Workplace Relations, are now permitted to share information.
If a standard business sponsor for the 457 visa program fails to satisfy a sponsorship obligation, the Minister for Immigration may take one or more of the following actions:
- bar the sponsor, for a specified period, from sponsoring more people under the terms of one or more existing approvals as a sponsor for different kinds of visas
- bar the sponsor, for a specified period, from making future applications for approval as a sponsor in relation to one or more classes of sponsor
- cancel one or all of the sponsor's existing approvals as a sponsor
- apply to a Court for a civil penalty order of up to $33 000 for a corporation and $6 600 for an individual for each failure
- issue an infringement notice of up to A$6,600 for a body corporate and A$1,320 for an individual for each failure
- require and take a security; or enforce a security already taken.
There are a number of other circumstances (besides failure to satisfy a sponsorship obligation) in which the Minister may take action:
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It is essential that only individuals with employment rights are employed in Australia. There are severe penalties for the employment of overseas nationals not holding an appropriate employment visa. It is a criminal offence un
Individuals convicted of these offences face fines of up to A13,200 and/or two years imprisonment while companies face fines of up to A$66,000 per illegal workers.
We strongly urge businesses to contact Stirling Henry for assistance in only employing legal workers and to also ensure sponsorship obligations are met at all times.
