Since the Criminal Law was changed last year, the DIBP has since come down hard on the issuance and adherence to regulations on employer sponsored visas.
"On 14 December 2015, new criminal and civil penalties and visa cancellation provisions were introduced as part of a 'paying for visa sponsorship ' framework that allows for sanctions to be imposed on a person who asks for, receives, offers or provides a benefit in return for visa sponsorship or employment (that requires visa sponsorship).
'Paying for visa sponsorship' conduct is considered unacceptable by the Australian Government as it undermines the integrity of the skilled work programmes, which are designed to address genuine skill shortages in the Australian labour market by making employees available from outside Australia."
(from the DIBP website)
New laws have now been introduced into the Migration Regulations to give the DIBP the power to refuse visas on the same issues. The following was also introduced to the Procedures Advice Manual (PAM):
Regulations; 457.223A, 186.312A and 187.312A
Either:
(a) the Minister is satisfied that the applicant has not, in the previous 3 years, engaged in conduct that constitutes a contravention of subsection 245AR(1), 245AS(1), 245AT(1) or 245AU(1) of the Act; or
(b) both of the following apply:
(i) the Minister is satisfied that the applicant has engaged in such conduct in that period;(ii) the Minister considers that it is reasonable to disregard the conduct.
245AR, 245AS, 245AT and 245AU basically outlines the breach of regulation in asking for or providing a benefit (payment in any form) for sponsorship, and that any such a transaction will be open to criminal and civil charges. Similar and repeated legislation litter the entire read on regulations surrounding employer sponsors visa.
Further to this, sponsors, nominators and visa applicants are sent an email with an attached declaration form that they will need to submit. This declaration form is a statement regarding breach of 'paying for visa sponsorship' activity and is mandatory.
It's clear as crystal that there is no tolerance for the exploitation of sponsored work visas, so don't even think about buying your way into Australia. The regulations surrounding work sponsored visas are to fill gaps in the market and is meant to be beneficial to businesses and the economy. Not respecting these regulations ultimately undermines the quality of life in Australia. If you are looking to come into Australia via a work sponsored visa, any company that offers to or agrees to payment in exchange for sponsorship is not one to be trusted and will leave you in an undesirable position open to blackmailing and unfair work conditions on the basis of your visa vulnerability.
