Workforce migration training is essential

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Breaching Australia’s migration laws is a very serious matter. In some cases it can even amount to a criminal offence and attract significant penalties including a conviction, fines or even imprisonment. Penalties can apply not only to an organisation but also to individuals.

The following are just some examples of possible criminal offences:

Employing a business visitor to do work that could be done by an Australian citizen or permanent resident.
Allowing an overseas student to work for more than 20 hours per week when their course is in session.
Allowing a Working Holiday maker to work for more than 6 months where they have not been given permission to do so.
Requiring a 457 visa holder to work in a position other than the one they were sponsored for.

Depending on the circumstances it can also be a criminal offence to give immigration assistance unless registered as a migration agent, or to help someone obtain a visa using incorrect information.

All organisations that currently, or have previously, sponsored overseas workers are also bound by very strict obligations which are monitored regularly by the Department of Immigration and Citizenship (DIAC) through surveys and site visits.

A failure to comply with any obligation may result in your organisation losing its rights to sponsor overseas workers permanently or for an extended period and may also be punished with a monetary penalty.

If you organisation sponsors overseas workers then it must

Ensure the person only works in the occupation they were sponsored for and must always be paid market rates.
Notify immigration of certain events within ten days, including the cessation of employment of the sponsored person.
Keep various records, including such things as the locations where the sponsored person works.

If you are involved in the employment or management of temporary visa holders then you must know and comply with these laws. It is also vital that all key staff in your organisation know these rules and do their part to ensure that your organisation remains fully compliant. This includes all of the temporary visa holders who work for you.

Education and training of your workforce is the best way to ensure compliance, and to send a consistent message to all parts of the organisation that immigration compliance is a very serious matter. Industry experts, Fragomen, now provide face to face and online workforce migration training that is time efficient, cost effective and simple to follow.

Contact Fragomen’s dedicated training arm, the Centre for International Employment and Migration (CENTIEM) for more details visit www.centiem.com or call Ron Kessels or Cherie Wright on 02 8224 8553.