The government has announced its intention to introduce a new immigration compliance and integrity Bill to strengthen the sanctions against employer sponsors who breach their obligations under the Sponsorship Obligations.
The Bill will also enable the Department of Home Affairs to collect additional data on visa holders for data matching purposes and enable it to engage sanctioned sponsors under enforceable undertakings to improve immigration compliance.
The Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017 will:
- Publish details of sanctions against sponsors who breached their obligations from 18 March 2015. This amendment is effectively retrospective in nature.
- Allow the Department to enter into an enforceable undertaking with sponsors who have been found to breach their obligations
- Provide greater clarity around merits review for visas which require sponsorship or nomination
- Collect tax file numbers of certain visa holders (exact visa types remain to be confirmed under the regulations but are expected to include 457 visas and the new TSS visas)
The biggest outcome of the new Bill for sponsors will be the increased significance of compliance with Sponsorship Obligations. The Department’s introduction of the measure is intended to be an additional deterrent for sponsors to breach their obligations and increase the integrity of the immigration compliance system.
The consequences for business of employer sanctions are likely to increase significantly as a result of the passage of the Bill. While the sanctions for a breach of obligations can result in cancellation of the sponsorship agreement, a bar from future sponsorship, or other penalties, the potential reputational damage which may occur as a result of the publication of sponsorship obligations breaches may be far greater than the sanctions. Reputational damage can be far-reaching and have serious consequences for businesses of all sizes and types.
Further, the retrospective nature of these changes means that businesses who have been sanctioned would be well advised to take counsel on measures to prevent harm once their details are disclosed publicly.
For assistance with all aspects of immigration compliance, including customised compliance training for business stakeholders, audit of visa holder populations, immigration policy review and drafting, and liaison with the Department of Immigration, contact Roam Migration Law today on +61 3 9044 9265.
