Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? The Australian Government has introduced a bill that would make it a criminal offence for visa sponsors to accept payments for the purpose of securing a migration outcome.
What does the change mean? The bill would punish sponsors who improperly accept or solicit payment with fines and up to two years’ imprisonment. Civil penalties may also apply, and the bill would give the Government new discretionary powers to cancel visas in cases where the law is violated.
Background: In March, the Australian Government announced its support for a host of reforms to the 457 programme, including a proposal to establish “robust” penalties for sponsors who accept payments to help secure migration outcomes. The bill the Government introduced this month covers not just Subclass 457 visas, but all temporary and permanent work visas. It is designed to cut down on the exploitation of migrants and help ensure that the Australian labour market is not undercut by low wages. While the bill makes it clear that accepting payments for helping secure a migration outcome is not permitted, it does allow for “payment of a reasonable amount for a professional service” given to those applying for visas.
BAL Analysis: The Australian Government has gone about reforming the 457 programme in a way that is intended to make it easier for employers to find high-skilled foreign employees, while simultaneously cracking down on employers who abuse the programme. The recent bill is another sign of the Government’s effort to root out abuse in the 457 and other visa programmes.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) announced it will fully decommission the legacy Permanent…
The government of Cuba has launched a new electronic visa platform, known as Evisa. Key Points: The new Evisa replaces…
The Qatari government has extended the validity period for the multiple-entry work visa (MEWV) for nationals of Bangladesh, India, Nepal,…
In this week’s episode, BAL’s Chad Li and Kyle McLaughlin discuss common questions about the PERM process and identify four…