Despite commencing in December 2015, the implementation of the ‘Charging for a Migration Outcome’ (‘CFMO’) regulations have been a major feature of the first half of 2016.
CFMO laws prohibit sponsors, visa applicants, or third parties from offering, asking for, giving or receiving a ‘benefit’ in exchange for visa sponsorship. Benefit is broadly defined and includes money, gifts, favours, payment for immigration charges that are not permitted under immigration rules, deductions, or other exchanges which would benefit the sponsor, for example not receiving relevant payments in exchange for work.
The laws were introduced to prevent improper use of the visa sponsorship system and ensure sponsorship was only offered where it was required by the sponsor, not to obtain a personal benefit.
Since introduction, employers and visa applicant must declare or certify that they have not undertaken such conduct as part of the nomination or visa application process. Penalties are severe and include fines, cancellation of visas or sponsorship and even jail time in aggravated cases.
For further information on the CFMO obligations contact Roam Migration Law.
