On 14 December 2015 new legislation was introduced addressing payment for visas activity through criminal, civil and administrative sanctions, and visa cancellation powers. Asking for, receiving, offering or providing a benefit in return for visa sponsorship or related employment is now illegal.
The payment for visas legislation applies to a range of temporary sponsored and permanent skilled employer nominated visas. It is unacceptable for sponsors, nominators, employers or third parties to make a personal gain through a payment for visa arrangement.
New criminal penalties of up to two years imprisonment and/or penalties of up to $324,000for each instance apply to people requesting or receiving a benefit in return for a sponsorship event. Civil penalties of up to $216,000 may apply for people found to have offered or provided a benefit in return for a sponsorship event occurring. In addition to these penalties, if the people involved in this conduct hold a visa, either temporary or permanent, this may also be subject to cancellation. If visa applicants are involved, their applications can be refused.
Payment for visas undermines the integrity of skilled work programmes, which address genuine skill shortages in the Australia labour market by making employees available from overseas.
For more information about what constitutes payment for visas behaviour including the list of temporary sponsored and permanent skilled employer nominated visas affected, go to:www.border.gov.au/Trav/Work/Work-1.