Search
Contact
Login
Share this article
IMPACT – MEDIUM
What is the change? Australia has made it a criminal offence for visa sponsors to request or accept payments for the purpose of securing a migration outcome.
What does the change mean? Sponsors or third parties who request or accept such payments face the possibility of both criminal and civil penalties, including up to two years in jail and fines as high as A$64,800 per person.
Background: In March, the Australian Government announced its support for a host of reforms to the 457 programme, including a proposal to establish “robust” penalties for sponsors who accept payments to help secure migration outcomes. The Government introduced a bill in September that covered not just Subclass 457 visas, but all temporary and permanent work visas. Officials said the bill was designed to cut down on the exploitation of foreign workers and help ensure that the Australian labour market is not undercut by low wages.
The bill was approved by the Federal Parliament, and it received Royal Assent and took effect Monday.
While the law does not permit accepting or soliciting payments for helping secure a migration outcome, it does allow for “payment of a reasonable amount for a professional service” in the visa process. An official memorandum on the law states that a payment should be “considered reasonable if it is commensurate with market rates.”
BAL Analysis: While the law allows for reasonable payment for professional services, it introduces enhanced penalties – including jail time – and provides a deterrent to those who might solicit or accept illegal payments to sway an immigration outcome.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Department of Labor has posted updated processing times for permanent labor certification (PERM) applications. PERM Processing: As…
Immigrant visa issuance continued to climb in fiscal year 2023, surpassing pre-pandemic totals, according to recently published State…
EU member states’ ambassadors have agreed on a draft regulation that would let the EU suspend visa-free travel for countries…
U.S. Citizenship and Immigration Services announced this week that it will implement a streamlined process to provide Employment…