At Interstaff, business migration is our niche and expertise. For 30 years, we’ve been helping businesses engage workers from overseas for state and nation-wide projects. Managing all aspects of business migration, we advise on migration strategy and provide guidance on any complex migration issues that may arise. Here are some of our insights, fact sheets and FAQ’s.
What’s the process if I get audited for compliance?
Sponsors are monitored for compliance during the period of your sponsorship and up to five years after you cease to be a sponsor. The Department of Immigration and Border Protection (DIBP) does this by:
- Requesting for records and information from you
- Site visits to the sponsored business premises with or without notice
- Exchanging information with other Commonwealth, state and territory government agencies, including the Fair Work Ombudsman, the Department of Employment and the Australian Taxation Office.
Immigrations Inspectors, Fair Work Inspectors or Fair Work Building Industry Inspectors also have the rights to investigate your compliance with your sponsorship obligations, as per the Migration Act 1958. It is considered a breach of your sponsorship obligations to fail to cooperate with the investigation if requested.
The DIBP monitors both your compliance as a sponsor and whether your visa applicants are upholding their visa conditions.
Part of our job here at Interstaff is to help you and your visa applicants remain compliant through our comprehensive visa management services. Our reporting systems allow for easy monitoring of all of your visa applicants’ visa types, conditions, expiry dates and any factors affecting your sponsorship compliance.
In the case of an audit, our team will assist you with compiling and presenting the evidence required to demonstrate your compliance to the DIBP. We also assist in advising where there may have been a breach of sponsorship obligations.
If I’m engaging visa holders through a contractor or labour supply company, is my business still responsible for ensuring my workers have the right visa to work?
Under Australian migration law, the employing business is always responsible for checking that its workers have permission to work, even if a contractor or labour supplier is used. This is the case for both paid and unpaid work.
What should I consider before hiring a Working Holiday visa holder?
A Working Holiday visa holder may have certain work limitations, such as only working with the same employer for a maximum of six months. A breach of any of their visa conditions could result in their visa being cancelled and the visa holder needing to leave Australia.
It’s also important to remember that job skills and standards vary from country to country. In cases where licencing or registration applies to the occupation (such as health and trade occupations), or where other certification is required you may want to check that the visa holder’s level of qualifications meets the industry standard in Australia.