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:

  
 
  • provision of false or misleading information to the Department of Immigration and Citizenship or the Migration Review Tribunal
  • the sponsor no longer satisfies the criteria for approval as a standard business sponsor or for variation of that approval
  • the sponsor has been found by a court or competent authority to have contravened a Commonwealth, State or Territory law
  • a primary sponsored person is found to have contravened a law relating to the licensing, registration or membership required in order to work in the nominated occupation.

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 under the Migration Act for a person to know or recklessly allow an illegal person to work or to refer an illegal person to work. 

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.