vSure Visa and Work Rights Compliance Blog

“OUCH” Hefty Penalties for Hiring Unlawful Workers

The 2013 Employers Sanctions Act gives the Department of Home Affairs a wide range of possible sanctions which can be imposed on employers and agencies: Warning – generally an Illegal Worker Warning Notice (IWWN) will be issued on the first offence Infringement Notice – if the conduct continues, the Department can issue an infringement notice

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“Don’t do it” ~ The Immigration Blacklist

Most employer sponsored visas require the business to show that there is no “adverse information” or that the business has a “record of compliance” with Australian immigration laws for approval. If your business has been non-compliant, this can result in being locked out of employer sponsored visa programs. If your business has engaged staff in

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Australian immigration revokes almost 11,000 ‘non-genuine’ students visas

The Department of Home Affairs typically cancels between 8,000 and 9,000 student visas annually, however according to a report in The Australian (subscription required), based on the latest figures released for the year ending June 2015, there was a 30% increase in the number of cancellations. With International Education coming in as Australia’s fourth largest export

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Hiring Temporary Residents – Is Your Recruiter Compliant?

Under the Employer Sanctions Legislation of 2013, recruiters commit an offence if they refer candidates without appropriate work rights. In other words, recruiters should be checking visa conditions for any temporary residents they refer through to a business. Failure to do so can result in infringement notices of $15,000 or more – for each person

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Directors and Company Officers Personally Liable for Illegal Workers

Under the 2013 Employer Sanctions Legislation, Directors and Company Officers can be personally liable if their business is engaging illegal workers. The legislation extends offences to “Executive Officers” of companies where the business has committed an offence. Under the new legislation, “Executive Officers” include: Directors of companies Chief Executive Officers Chief Financial Officers Company Secretaries

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Employers face “No Fault” fines for engaging illegal workers

The Migration Amendment (Reform of Employer Sanctions) Act 2013 allows Immigration to clamp down on illegal work practices. The 2013 Act introduces a “no fault” system for civil penalties. This means that penalties will apply if a business engages workers illegally regardless of whether the business was actually aware of this. An “infringement notice” system

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Temporary Visa Holders and Visa Overstayers in Australia Reaches 2 Million

There are now over 2 million temporary visa holders and visa overstayers in Australia. Temporary visa holders form a significant portion of the working age population of 10.5 million, and this continues a strong trend of increases in the movement of people to Australia on temporary visas. The latest figures for temporary residents released by

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