vSure Visa and Work Rights Compliance Blog

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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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Immigration Minister to fight illegal work practices, but encourage productive migrants

Immigration Minister Scott Morrison made one of his first public speeches as Minister at the Migration Institute of Australia Conference in October 2013.  This gave an interesting insight into the new liberal government’s priorities in the immigration portfolio. The overwhelming message was that whilst productive migrants were welcome, individuals and employers who do the wrong

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Does Your Recruitment Strategy Protect You From Penalties?

Recruiters and Labour Hire Companies
Employing people without the correct visa status in Australia is a serious problem and prevalent in political discourse.  The Employer Sanctions Legislation has made it clear that businesses and individuals who are found to have illegal workers will receive serious penalties. So what happens if you use a recruitment company for your hiring processes? What

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Possible Changes to Immigration under a Liberal Government

Now that Australia is led by a Coalition Government, we can assume that some changes may come into action regarding Australian Immigration. Our previous Labor Government had quite a stern stance against the Employer Sponsored Program of Visas compared to those of the Coalition, so we can hope for more favourable treatment in the future.

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The Cost of Having Illegal Workers in Australia

What are the offences? There are four offences for businesses who are found to be in breach of the Employer Sanctions Legislation: 1. Allowing, or continuing to allow an unlawful non-citizen to work 2. Allowing, or continuing to allow a non-citizen to work in breach of a work-related visa condition 3. Referring an unlawful non-citizen

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Australian Visa Application Fees Skyrocket On 1 July 2013

Australian Visa Application Fees To Skyrocket On 1 July 2013
As of 1 July 2013, visa application charges are increasing significantly  – some as much as 98% – with new fees applying for including family members, lodging onshore or applying in hard copy versus via the internet. These increases make it more expensive for businesses, international students and skilled people to apply for visas –

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How To Avoid Penalties For Having Illegal Workers

Penalties
The use of overseas workers in Australia and suspected “rorting” of Employer Sponsored visas (like 457) has been a controversial topic of discussion this financial year. Although the severity of businesses taking advantage of 457 visa workers or employing illegal workers in Australia is debated, the Australian Government has implemented drastic measures in a bid

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Four Changes 457 Employers Should Know About

The Immigration Minister has introduced a new bill that will have an effect on the way employers hire overseas workers on 457 visas.  The announced changes will seemingly make the sponsorship process more difficult once the legislation is passed. With the upcoming election in September, it’s not clear if the bill will ever come into

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Crackdown on illegal workers begins 1 June 2013

The Migration Amendment (Reform of Employer Sanctions) Act 2013 commences on 1 June 2013. The Australian Government is cracking down on employers who hire people illegally to work in Australia.  Although it’s always been against the law to do so, with the Employer Sanctions Legislation confirmed for 1 June 2013, it is evident that the

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