Once a company is allowed to employ foreign workers on 457 work visas, they need to protect that right or it will be lost.
DIAC has removed a Victorian company’s right to hire 457 skilled migrant workers following findings that the company had underpaid staff, permitted casual work conditions and deliberately provided “false and misleading” information to the DIAC.
Immigration Minister Chris Bowen asserted: “The government will not tolerate abuse of the skilled migration program and this termination sends a strong message to companies that they should fulfil their obligations under their agreement.
“Companies found to be doing the wrong thing may be fined or suspended from using the program or, in serious cases such as this, their labour agreement may be terminated or court action taken.”
“Ongoing compliance action has resulted in an increase in the number of infringement notices served, with 31 notices from the department amounting to $165,000 in fines over the past financial year,” said Bowen.
In this case, the skilled migrants affected have been granted time to seek employment with a new approved sponsor as they were not responsible for their current situation.
However it is understood that the DIAC may be looking to launch a civil prosecution against the business involved in the breaches of the skilled migration agreement.
The Migration Place understands the value of being able to sponsor foreign skilled labour.
This is why we only use lawyers to prepare professional applications.
We also talk through all of the issues with our clients, and help them to understand what they need to do if circumstances change (eg if they cannot afford to continue the sponsorship, or if an employee is headhunted by a competing business). As we are a division of Irish Bentley Lawyers, we can advise you on employment law, and on how to prevent employees joining your competitors.
If you are an employee that has been unfairly treated, then you should also seek advice ASAP, on your rights as an employee, and with respect to what you need to do to correct to avoid deportation.
The number one issue is making sure that you can lodge another visa application within 28 days of having your 457 cancelled. If you miss that 28 days, then you will probably have to lodge off-shore, and will therefore have difficulty getting a bridging visa.
Discover more answers to your Australian Immigration Questions here!