New legislation has been introduced to the House of Representatives to introduce fines and imprisonment for employers who accept payment from employees to achieve a migration outcome.
The Migration Amendment (Charging for a Migration Outcome) Bill 2015 will amend the Migration Act 1958 to establish a criminal and civil penalty regime to make it unlawful for a person to give or receive a benefit in return for a migration outcome in relation to certain skilled work visa programs. It will also enable visa cancellation to be considered where the visa holder has engaged in such conduct.
This means that employers could face substantial fines or even imprisonment for demanding or accepting payment from employees in order to achieve a migration outcome, and visa holders could find their visa cancelled if they are also found to be at fault. This new bill expands on existing legislation whereby employers are in breach of their visa obligations by accepting payment from the employee for the cost of the visa.
For more information on this proposed legislation and to view updates as they occur please visit – http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5533