Employer Penalties - employing a non-citizen who is not allowed to work in Australia

Employer Penalties:

Since 2007, it has been a criminal offence to employ a non-citizen who is not allowed to work in Australia. These offences apply to employers, labor hire companies, employment agencies, and anyone who allows illegal workers to work, or refers illegal workers for work.

On 1 June 2013, new laws introduced civil penalties and infringement notices for businesses that allow illegal work. The law also broadens who can be held liable and provides new evidence gathering powers. Criminal penalties remain.

The new penalties apply where a person allows or refers:

• An unlawful non-citizen to work
• A lawful non-citizen to work in breach of a visa condition that limits or restricts work.

Maximum Penalties for Employees and Employers

Illegal Worker Warning Notice

Administrative Warning

Infringement
$3,060 fine for individuals
$15,300 fine for bodies corporate


Civil penalty
$15,300 fine for individuals
$76,500 fine for bodies corporate


Criminal offence
$20,400 fine and/or two years imprisonment for individuals
$102 000 fine for bodies corporate


Aggravated criminal offence
$51,000 fine and/or five (5) years imprisonment for individuals
$255,000 fine for bodies corporate


Note: All penalties are per illegal worker. An example of an individual would be a sole trader; a body corporate would be a company.

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Corporate Visa Lawyers - 457, 186, 400 visas

Nevett Ford Lawyers Melbourne offers in-depth experience and flexible solutions to even the most complex cases to develop a customized service model. This model is highly tailored to your corporate culture and ensures that they are in compliance.

Our comprehensive consulting and compliance services include:

• Providing assistance with the development of internal immigration policies.
• Evaluating compliance issues.
• Assessing the immigration impact of a merger or acquisition.
• Developing immigration solutions.

In addition to the compliance services we offer in our end-to-end case management services, including:

• Development of internal immigration policies,
• Review of existing practices to protect you from inadvertent non-compliance with immigration laws,
• Assessment of the impact of mergers and acquisitions and divestitures on overall immigration program,
• Continuous monitoring to ensure compliance and maintenance of proper legal status dependent on the type of visa or work permit required,
• Training and guidance to human resources departments or business units on compliance requirements, including fines and penalties that may be imposed for failure to comply, and
• Advice on complex immigration issues and the development of customized processes involving more than one employee and/or country (such as group moves of consultants or auditors into various countries for short-term assignments)

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Notice of changes to Visa Application Charges

Notice of changes to Visa Application Charges
As part of the 2015-16 Commonwealth Budget, the Government is introducing an  increase, effective from 1 July 2015, to a number of Visa Application Charges (VACs).


The proposed adjustments to the VACs, which come into effect on 1 July 2015,  include:

• A price increase in line with inflation (2.3 per cent) to specific visas within the Permanent Migration Skill Stream, Skilled Graduate, Temporary Long Stay Business (Subclass 457), Visitor and Student visa streams.
• A 5 per cent price increase to specific visas within the Temporary Resident Short Term Business and Entertainment visas, Working Holiday visas, Resident Return and Retirement Investor visas, and Contributory Parent visa streams.
• A 10 per cent price increase on specific visas within the Other Family (Remaining Relative, Carer and Aged Dependent Relative) visas, and (non-contributory) Parent visa streams where the underlying demand is not expected to be impacted by the price increase.
• A 50 per cent increase to the Significant Investor Visa (SIV) stream in the permanent migration skill stream category where the VAC is a very small component of the minimum $5 million of investments required under the visa regulation.
• An alignment of VAC prices where a differential currently exists for lodging an onshore and offshore application for specific visa subclasses.
   
  Electronic Travel Authorities (ETA), eVisitor and Refugee and Humanitarian visas will not be affected.
   

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New work and holiday agreement with Slovak Republic

Young Australians and Slovaks can now explore and work in each other’s countries under a reciprocal work and holiday visa arrangement announced today by the Minister for Foreign Affairs, the Hon Julie Bishop and Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash.

Minister Bishop, who met and signed the agreement with Slovak Deputy Prime Minister and Minister for Foreign Affairs Miroslav Lajčák during his three-day visit, said the new arrangement demonstrated the constructive and positive relationship between our two countries.

“This agreement will provide the opportunity for a culturally rich experience for the young adults of Australia and Slovakia and strengthen our already warm people-to-people links,” Minister Bishop said.

“Both countries will be working closely over the coming months to implement these changes and to complete all necessary legal and administrative processes to bring this visa into effect.”

The work and holiday visa requires applicants to have the support of their government, hold or be studying towards tertiary qualifications, and to speak functional English.

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Fake couples and social security payments

Fake couples fraudulently claiming social security payments, or committing migration fraud, are to be targeted nationally under a blitz to be unveiled this week.

A new data-matching program will be launched to expose couples in “contrived” marriages who are receiving welfare individually, and legitimate couples who claim to be single so they can fleece taxpayer money.

The Federal Government crackdown will involve the departments of Immigration and Border Protection, and Human Services, with welfare recipients who are on single payments but have declared sponsorship of a partner for immigration purposes under the microscope.

Immigration Minister Peter Dutton said the joint operation would begin next week and target fraudsters exploiting the partner visa program.

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Changes to Citizenship Act - Opportunity to comment

The Australian Prime Minister and the Minister for Immigration and Border Protection  announced on 27 May 2015 that the Commonwealth Government intends to update the Australian Citizenship Act 2007 to include provisions to revoke the Australian citizenship of dual nationals who engage in acts of terrorism.

The new powers will apply to dual citizens who fight with or support groups such as ISIL or Daesh, as well as so-called 'lone wolves' and will apply whether the terrorism occurs in Australia or on foreign soil. 

The changes will be consistent with Australia's international legal obligation not to leave a person stateless. There will also be safeguards, including judicial review, to balance these powers.

The Commonwealth Government will also launch a national consultation to improve understanding of the privileges and responsibilities of Australian citizenship. This will be led by the Parliamentary Secretary for Social Services, Senator the Hon Concetta Fierravanti-Wells, and the Hon Philip Ruddock MP. Mr Ruddock will undertake this task as the Prime Minister’s Special Envoy for Citizenship and Community Engagement.

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EB-5s and U.S. Visas in the Latest News

Latest EB-5 Trends:

http://www.forbes.com/sites/andyjsemotiuk/2015/05/21/whats-trending-in-the-u-s-eb-5-investor-immigration-world/

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