Attention 457 business sponsors - Powers of immigration inspectors

Sponsoring and nominating employees from overseas to Australia on 457 visas requires your business to comply with a range of obligations. Nevett Ford Lawyers can provide guidance to ensure full compliance with Immigration Laws and Regulations, which constantly change. The Department of Immigration conducts random checks of businesses and we can help you to ensure that your business is complying.

Immigration inspectors have powers under the Migration Act 1958 that provide the mechanism for the department to investigatesponsor compliance with the visa program requirements.

Inspector powers include the right to:

• enter business premises
• require a 'person' to produce a record or document
• inspect and make copies of records or documents
• interview 'persons' while at premises.

For the purposes of exercising inspector powers, a 'person' includes a natural person or a body corporate.

The purposes for which the powers of an inspector may be exercised are:

• to determine whether a term or a condition of a work agreement is being, or has been, complied with (e.g.in relation to a 457 visa holder employee);
• to determine whether a prescribed circumstances to bar a sponsor or cancel the approval of a person as a sponsor exists;
• investigate a circumstance, if a circumstance exists or has existed, in order to assist the Minister (or delegate) in determining what (if any) action to take under section 140M of the Migration Act 1958.

Nevett Ford Lawyers can provide audit services for employers to ensure that your immigration law obligations are being met to minimise risk. This includes advising your business on potential breaches and managing non-compliance issues on your behalf with the Department of Immigration to resolve them.