Make sure you are complying with your sponsorship obligations
Changes under the Migration and Other Legislation Amendment Act 2018 came into effect on 13 December 2018. These new changes enable the Department of Home Affairs to expose breaches in sponsorship obligations and non-compliance with visa conditions.
The Department of Home Affairs has announced a crackdown on businesses who fail to meet their sponsorship obligations. The Department are also seeking to expose skilled visa holders who are not complying with their visa conditions. The harsh consequences of non-compliance could result in business sanctions, as well as the cancellation of a visa for migrants.
The Department of Home Affairs will be exchanging data with the Australian Taxation Office (ATO) to expose non-compliance. The Department will be providing the ATO with;
- Biological details, including name, address and date of birth of clients who are, or were in the three most recently completed financial years, holders of Temporary Work (Skilled), or Temporary Skills Shortage primary visas;
- Details of these clients’ business sponsors
These details will be electronically matched against the data holdings of the ATO. When a match is found, the ATO will provide income details and employment data of the individual, or business to the Department. It is estimated that there will be 680,000 records shared, representing around 280,000 individuals.
What are the consequences of non-compliance for businesses?
- Businesses who breach sponsorship obligations may be publicly disclosed
Under the new changes, the identity of businesses who fail to comply with their sponsorship obligations may be publicly disclosed. The following information may be disclosed;
- The trading name, ABN or business name;
- Business details of individuals, including businesses operating as sole traders or partnerships;
- The sponsorship obligations that were not met and the details of the breach;
- The Department’s actions against the sponsor, including sanction details
- Sanctions from previous years may also be publicly disclosed
The new changes allow the Department to publicly disclose the details of sanction actions that occurred on, or after 18 March 2015. This means that businesses may be publicly identified if they have faced a sanction in the past few years.
If you have any questions, or concerns regarding this migration crackdown, the experienced team at Results Migration are here to offer you advice and assistance. At Results Migration we are the best in the field, with a team of immigration lawyers and registered migration agents available to guide you through this complex area of law. Call us on 1800 808 717 to book your free consultation today!
