KNOW WHERE YOU STANDA guide to understanding the need for compliance with immigration policies.

This presentation has been put together with the help of Sarah Thapa, managing director of The Migration Agency

• Skills shortages

• Growing importance of emerging markets

• Need for agile businesses

• Mobility is a key element in attracting, retaining, developing and engaging talent (especially millennials!)

MOBILITY IN THE LABOUR MARKET

IMMIGRATION FACTS

• 1.6 million temporary residents in Australia

• 40,100 applications to the 457 Temporary Skilled Work Visa program

• 33,340 applications granted

• 304,000 student visa holders

• 161,000 working holidays makers

457 Visa Grants by Industry 2015-16

Accommodation and Food Services

Construction

Education and Training

Financial and Insurance Services

Health Care and Social Assistance

Information Media and Telecommunications

Manufacturing

Mining

Professional, Scientific and Technical

Retail Trade

0 1,000 2,000 3,000 4,000 5,000 6,000

2015-2016 2014-2015

Top 15 457 visa occupations1. Cook2. Developer Programmer3. Cafe or Restaurant

Manager4. ICT Business Analyst5. Resident Medical Officer6. Software Engineer7. Marketing Specialist8. General Practitioner

9. University Lecturer10. Management Consultant11. Chef12. Sales and Marketing

Manager13. Analyst Programmer14. ICT Project Manager15. Accountant

KEY 457 SPONSOR OBLIGATIONS

• Pay guaranteed salary

• Pay return travel costs for visa holder and dependants

• Provide annual training

• Comply with workplace laws

• Keep records

OTHER COMMON VISA TYPES

• 600 Business Visitor Visa

• 400 Temporary Work (Short Stay Activity)

• 500 Student Visa

• Working Holiday Visa

• Partner Visa

• Bridging Visa

RULES OF HIRING• Understand the visa status and

employ within conditions

• Treat all employees fairly and in accordance with workplace laws regardless of their country of origin or visa status

• Do not provide false information to obtain a visa outcome

• Do not give immigration advice unless licensed

COMMON OFFENCES• Allowing a student to work

more than 40 hours per fortnight

• Employing a holiday maker for more than 6 months

• Requiring a visa holder to work in a lower position than their sponsored one

• Requiring an intern or trainee to do work which is not part of the approved program

PENALTY EXAMPLES

Companies IndividualsInfringement Notice $16,200 $3,240

Civil Penalty $81,000 $16,200

Criminal Penalty $108,000 $21,600+ 2 years imprisonment

Aggravated Offences $270,000 $54,000+ 2 years imprisonment

FAIR WORK INVESTIGATORSFair Work Inspectors have the power to:

• Enter premises• Require production of documents• Interview employees

for the purposes of:• Checking compliance with

sponsorship obligations• Sanctioning employers,

cancellation or barring sponsorship• Checking visa holders are being

paid correct payment and • Checking that visa holder(s) are

working in their approved occupation

FAILURE TO COMPLY LEADS TO…

• Loss of sponsorship status

• Loss of workplace benefits and competitive advantage

• Loss of key staff through visa cancellation or resignation

• Impacts on productivity

• Personal liability for directors and officers

• Reputational risk and damage