In light of a new spike in employers seeking visa applicants to work in their businesses, the Immigration Department has shown great concern with the application proceedings. In recent news, Sydney businessman Mr Eddie Kang was arrested for fraud offences related to migration. The Migration Institute of Australia (MIA) commented on this arrest, stating that the way the media has portrayed the Department of Immigrations influence in the case was concerning. Ms Angela Chan, the National President of the MIA, shared her concerns about comments made with regards to Kang lodging hundreds of visa applications which were refused by the Department of Immigration and Border Protection. It is alleged that Kang charged the visa applicants “exorbitant fees for his services.”
Various news sources also reported Eddie Kang as an “immigration agent”, however Ms Chan says this was incorrect and that he during no point was regarded as a registered migration agent. Ms Chan furthermore stated that it is illegal in Australia to provide immigration assistance unless such a person is registered and certified with the Migration Agents Registration Authority. She states that “there are a few exceptions to this, such as being a family member of a visa applicant.
Eddie Kang has never been registered, and does not meet any of the exceptions.” This case is significant with employer sponsorship as it demonstrates the importance of Registered Migration Agents. These agents can be identified by their 7-digit registration number (Migration Agents Registration Number – MARN). Their details can also be found and confirmed on the MARA website: www.mara.gov.au.
This registration system was established to protect innocent visa applicants from these unregistered “agents.” Ms Chan urges people to use the services of a Registered Migration Agent and research their details in the above database. She says Agents that are members of the MIA are even more safe, as they will be obliged to act in the perimeters of the MARA Code of Conduct and the MIA’s own Ethics Code. The Department of Immigration and Border Protection has been urged to cease accepting applications from unregistered people. The MIA has supported decisions made by the Department to refuse applications of unregistered practice and the MIA have recommended the Federal Government to enact legislation to protect innocent people from being abused by unauthorised and fake agents. A full list of MIA Registered Migration Agents can be found on the MIA website’s ‘Find an Agent’ facility. Results Migration is registered on this list.
The Employer Sponsorship is for a “lawfully operating Australian businesses, or overseas businesses establishing an Australian entity or to fulfil a contractual obligation, to sponsor temporary overseas employees.” In relation to employer nomination, businesses are able to nominate a position to be filled by a skilled overseas worker. The details of this position and the skills that must be acquired to be eligible for the position must be provided to the Immigration Department.
In relation to the types of visas that can be sponsored by businesses, the Temporary Work (Skilled) visa (subclass 457) allows skilled workers to come to Australia and work for an approved business for up to four years. To be eligible for this application, you can apply either in or outside of Australia. You must be sponsored by an approved business. A business can sponsor someone for this visa if they cannot find an Australian citizen or permanent resident to do the skilled work.
A temporary Work (Skilled) visa, or otherwise known as a subclass 457, consider those who are applying to be sponsored by an Australian or overseas business to fill in a skilled position in Australia. In contrast, Temporary Work (Skilled) visa (Subsequent Entrant) (subclass 457) is for family members of a subclass 457 visa holder. These visas do come with requirements which can be found out Border Gov. Deciding which visa is right for you is quite tedious and confusing at times. Make sure you get the right guidance from a registered Migration Agent during your visa application. It is better to be safe than sorry when it comes to you, and potentially your family’s, future. Contact us now here at Results Migration for a personal consultation, or if you wish to become an employer sponsor.
