Work visa scams. Don’t pay the price

On 14 December 2015, new criminal and civil penalties and visa cancellation provisions were introduced as part of a ‘payment for visas’ framework that allows for sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for visa sponsorship or employment (that requires visa sponsorship).

‘Payment for visas’ conduct is considered unacceptable by the Australian Government as it undermines the integrity of the skilled work programmes, which are designed to address genuine skill shortages in the Australian labour market by making employees available from outside Australia.

It is not acceptable for sponsors, nominators, employers or other third parties to make a personal gain from their position in a ‘payment for visas’ arrangement, nor is it acceptable for current or prospective visa holders to obtain permanent residence in Australia, or have the opportunity to work in Australia by providing a benefit to an employer for a job.

To further strengthen this framework, sponsors, nominators and visa applicants will be required to, as part of the application process, state whether or not they have actively participated in conduct that contravenes the new ‘payment for visas’ laws.

Sponsors and nominators

For sponsors and nominators, this statement is presented in the associated application form as a ‘certification’. You must read, and understand the ‘Payment for visas – Certification requirement’.

 Visa applicants

For visa applicants, this statement is presented in the associated application form as a ‘declaration’. You must read, and understand the ‘Payment for visas – Declaration requirement’.

Affected visas

The requirement to provide a declaration or certification as part of your application is mandatory, and are provided as follows:

Visa Programme Sponsorship/Nomination Visa
Temporary (Long Stay Activity) (subclass 401) visa

Payment for visas – certification requirement

Note: will be available within the paper application for by mid-end January.

Payment for visas – declaration requirement

Note: will be available within the paper application for by mid-end January.

Training and Research (subclass 402) visa (Research stream)

Payment for visas – certification requirement

Note: will be available within the paper application for by mid-end January.

Payment for visas – declaration requirement

Note: will be available within the paper application for by mid-end January.

Temporary Work (Entertainment) (subclass 420) visa

Payment for visas – certification requirement

Note: will be available within the paper application for by mid-end January

Payment for visas – declaration requirement

Note: will be available within the paper application for by mid-end January

Temporary Work (Skilled) (subclass 457) visa Within the eForm (online lodgement facility) from 14 December 2015 Within the eForm (online lodgement facility) from 14 December 2015
Superyacht Crew (subclass 488) visa N/A Within the relevant paper form from 14 December 2015.
Employer Nomination Scheme (subclass 186) visa

Payment for visas – certification requirement

Note:  Will be available within the eForm (online lodgement facility in 2016)

Payment for visas – declaration requirement

Note:  Will be available within the eForm (online lodgement facility in 2016)

Regional Sponsored Migration Scheme (subclass 187) visa

Payment for visas – certification requirement

Note:  Will be available within the eForm (online lodgement facility in 2016)

Payment for visas – declaration requirement

Note:  Will be available within the eForm (online lodgement facility in 2016)

 

CJMigration has a team of Registered Migration Agents. Contact us for further information.