457-visa Sponsorship compliance
Mossadegh Enterprises provide a range of visa compliance and monitoring services to ensure clients comply with their sponsorship obligations.
Make contact for a confidential discussion about your circumstances and how we can help you.
The purpose of the Temporary Work (Skilled) (subclass 457) visa program is to allow employers to fill short to medium term skill shortages by recruiting qualified workers from outside Australia if unable to find similarly skilled workers locally.
Mid-way through 2012, the Department of Immigration and Citizenship (DIAC) identified that the subclass 457 program was growing at a record rate and that a significant component of this growth has been in industries and geographical regions that do not appear to be experiencing skills shortages.
Consequently, DIAC introduced changes to the 457-visa program including comprehensive monitoring program to ensure compliance with the sponsorship obligations.
Monitoring of sponsors
If you are an approved sponsor, you must comply with your sponsorship obligations for the time specified. It is important to note, that the obligations apply beyond the term of your approval as a sponsor. DIAC will monitor the sponsor and visa holders for compliance with the visa obligations.
Routine monitoring is conducted on approved sponsors. Monitoring can be initiated if DIAC receive a range of information including allegations. Monitoring may take place during the entire approved sponsorship period and for up to 5 years after the sponsorship approval expires.DIAC conducts monitoring in three main ways:
• by exchanging information with other Australian, state and territory government agencies.• through written requests to the sponsor to provide information in accordance with the sponsorship obligations.
• by conducting site visits with or without notice.
Monitoring may include investigations conducted by inspectors. Inspectors have certain investigative powers under the Migration Act 1958. Failure to co-operate with inspectors is a breach of the sponsorship obligations and DIAC may take action against the sponsor.
Sanctions for non-compliance
If the sponsor fails to comply with a sponsorship obligation, action may be taken against the sponsor. A variety of actions may be taken depending upon whether the sponsor is a standard business sponsor or a party to a labour agreement.
If you are a standard business sponsor and have failed to satisfy a sponsorship obligation, one or more of the following actions may be taken against you:
DIAC’s records show :
- 210 sanctions issued (up from 125 the previous year)
- 66 infringement notices issued (up from 55 the year before)
• Compliance and Monitoring Service
• Training and Workshop Services
• you may be barred 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
• you may be barred for a specified period from making future applications for approval as a sponsor in relation to one or more classes of sponsor
• one or more of your existing approvals as a sponsor may be cancelled
• an application may be made to a Court for a civil penalty order against you. Civil penalty orders are up to AUD33,000 if you are a body corporate and AUD6,600 if you are an individual for each failure
• you may be issued an infringement notice for each failure of up to AUD6,600 if you are a body corporate and AUD1,320 if you are an individual.
DIAC’s records show :
• in 2013 year (up to May 2013) there were
- 210 sanctions issued (up from 125 the previous year)- 66 infringement notices issued (up from 55 the year before)
• 28 infringements were issued resulting in total fines of $296,000 (average fine $4,000, the maximum fine was $10,000)
The range of services Mossadegh Enterprises provide include:
• Compliance and Monitoring Service
• Training and Workshop Services