Australian Immigration News

Civil and criminal liability for executive officers of companies that employ or refer non-Australian workers without a visa – or with a visa but without appropriate permission to work – is incorporated into legislation passed recently by the Parliament of Australia. The new provisions will be proclaimed shortly and come into operation. This development puts human resources policies and procedures in relation to employing non-Australian workers and management of agents and contractors relationships on company secretaries risk-management priority list in 2013.

Most 457 visa applicants are unaware that information about their health – even everyday medical conditions that might not affect their ability to work – is disclosable in the visa application to the Department of Immigration & Citizenship (DIAC). They may also be unaware that their family’s health will be scrutinised as well. Health aspects such as taking prescription medication or a diagnosis of a medical condition can delay processing of an Australian visa application – and the issue applies both to the applicant or a dependent family member included in the application.

The period for public submissions in relation to the template Labour Agreement proposed for the tourism and hospitality industry has now closed.

Emma Mackey will be speaking about the 457 Visa Program for Chartered Secretaries Australia in Melbourne on Wednesday 22 August 2012 from 12:30 – 2:00 pm.  She will cover the following topics:   

Serious breaches by a Labour Agreement holder, uncovered during routine
monitoring by the Department of Immigration & Citizenship, have led to the
cancellation of a Labour Agreement by DIAC for the first time.

457 visa compliance is an issue for many professionals. Emma Mackey contributed to the Institute of Public Accountants journal on this issue. Read the published article below.

Professionals administering 457 visa programs often overlook the importance of compliance with, and risk assessment in relation to, the 457 standard business sponsorship obligations.  Many mistakenly believe that these issues are not important or are a “human resources” issue.

But professionals need to be abreast of sponsorship issues to discharge their duties in the compliance and risk management areas.

Immigration Minister Chris Bowen recently announced significant changes to 457 sponsorship.  In acknowledgement of the many Australian businesses which have a history of good dealings with the Department of Immigration & Citizenship (DIAC) there is now a new category of business sponsorship: Accredited Status business sponsorship.