Payment for Visa Sponsorship Legislation

Source: DIBP
Source: DIBP

On 14 December 2015, new legislation came into force making it unlawful for someone to ask for, receive, or provide a benefit in return for visa sponsorship or employment.

What does this mean?

Employers and visa applicants are now required to provide a declaration that they have not asked for, received or provided a benefit in return for visa sponsorship or employment.  This declaration will be retained by the Department and may be used as evidence should non-compliance be detected.

The new legislation is aimed at preventing abuse of Australia’s work visa programs and is part of the Australian Government’s toughened stance in regards to immigration law and procedure.

The visas affected include:

  • Employer Nomination Scheme Subclass 186
  • Regional Sponsored Migration Scheme Subclass 187
  • Temporary Long Stay Activity Subclass 401
  • Training and Research Subclass 402
  • Temporary Work Subclass 457

How can we help?

Compliance with Australian immigration law is becoming increasingly important with more immigration and Fair Work inspectors being deployed.   Hefty criminal penalties for individuals include up to two years imprisonment or $64,800.  For corporations, this amount is $216,000 under the criminal legislation and a fine of up to $324,000.

Speak with a registered migration agent today for advice and assessment of your situation.