• Insights

The Australian Border Force: One to be Reckoned With

October 26, 2015

Countries / Territories

  • AustraliaAustralia
  • ChinaChina

Related offices

  • Beijing
  • Bengaluru
  • Brisbane
  • Hong Kong
  • Kochi
  • Kuala Lumpur
  • Melbourne
  • Perth
  • Shanghai
  • Singapore
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Beijing
  • Bengaluru
  • Brisbane
  • Hong Kong
  • Kochi
  • Kuala Lumpur
  • Melbourne
  • Perth
  • Shanghai
  • Singapore
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Beijing
  • Bengaluru
  • Brisbane
  • Hong Kong
  • Kochi
  • Kuala Lumpur
  • Melbourne
  • Perth
  • Shanghai
  • Singapore
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn
In the last few weeks, the Fragomen offices in Australia have been hosting round tables for clients to provide an update on all things immigration law. There has been particular interest in the compliance section of this update, and given the recent media buzz around the new Australian Border Force (or ‘ABF’), this is perhaps not surprising.
 
The ABF is a new agency which combines the frontline operations of immigration and customs. Notable in this reorganisation has been a cultural shift away from the educative approach that the Department of Immigration has historically taken to genuine but flawed attempts to employ visa holders appropriately. Instead, we are seeing a more intolerant and unforgiving approach, with serious sanctions being dished out for breaches that previously would have been addressed by way of a warning letter.
 
In short: it’s clear that there’s a new sheriff in town.
 
So what does this mean for employers?
 
The first thing to note is that penalties under Australian immigration law do not just apply to those employers that sponsor subclass 457 visas. Any Australian employer can face serious fines, and even criminal charges, for allowing a person to work when they do not have a visa that gives them permission to do so.
 
Particular areas of risk of business include:
 
  • 457 sponsorship obligations: compliance in this area is rapidly developing into a source of significant legal and financial risk for businesses that that use the programme, with the Australian Border Force quick to impose bars on sponsoring further visas, and heavy fines, even for minor, isolated breaches.
  • ‘Stealth’ business visitors: Australian business visitor visas do not allow work. Entries of this type are particularly difficult for HR and mobility teams to manage because the visa is often obtained by the visa applicant directly, bypassing the usual internal approval mechanisms. However if a person on such a visa is found to be working in your workplace, the business may be held liable.
  • Temporary visa holders hired locally: Most temporary visas have some work restriction on them. For example, a great many international students work part-time to support themselves while they study, primarily in retail or hospitality. In most cases their visa allows them to work 40 hours per fortnight. More sophisticated employers have systems in place to ensure that student visa holders are not rostered for more than their visa allows; but what happens if the student is asked to stay back a few hours to cover a person who’s called in sick? Usually there is no feedback mechanism in place to adjust that student’s roster the following week.
 
These are just some examples of common scenarios that expose businesses to the possibility of sanctions should they come to the attention of the ABF. Now more than ever, it is critical that employers have proper systems in place to ensure that work rights are checked and flagged, and that internal counsel and management are made aware that immigration compliance is ignored at the business’ peril.
If you would like to discuss your business’ compliance programmes, please contact us. 

 

Countries / Territories

  • AustraliaAustralia
  • ChinaChina

Related offices

  • Beijing
  • Bengaluru
  • Brisbane
  • Hong Kong
  • Kochi
  • Kuala Lumpur
  • Melbourne
  • Perth
  • Shanghai
  • Singapore
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Beijing
  • Bengaluru
  • Brisbane
  • Hong Kong
  • Kochi
  • Kuala Lumpur
  • Melbourne
  • Perth
  • Shanghai
  • Singapore
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Beijing
  • Bengaluru
  • Brisbane
  • Hong Kong
  • Kochi
  • Kuala Lumpur
  • Melbourne
  • Perth
  • Shanghai
  • Singapore
  • Sydney

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more
Generic Insights

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more

Podcast

Insight & Impact - Episode 2: Why Data Matters

Canada Managing Partner Cosmina Morariu and Senior Director Leah L. Rogal discuss how immigration, demographic, labor market and economic data can help organizations interpret policy developments, anticipate talent needs and make more strategic workforce and mobility decisions.

Learn more

Fragomen news

Fragomen Opens Denver Office, Strengthening Support for Colorado Employers

Fragomen opens a Denver office to expand immigration support for Colorado employers and growing businesses.

Learn more

Video

Ordinary Naturalisation in Switzerland | #MobilityMinute

Manager Mihaela Dumitru discusses key requirements for ordinary naturalisation in Switzerland, including residence, integration, language skills and local knowledge assessments.

Learn more
Generic Insights

Blog post

Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

In this blog, Immigration Consultant Mirela Sartori explains when absences could place status at risk, how the Home Office assesses residence and what to do if you receive a “minded to curtail” notice, which generally requires a response within 28 days.

Learn more

Article

Foreign Birth Registration: Mistakes That Can Delay Irish Citizenship Applications

From documentation gaps and certification errors to missed deadlines, Senior Immigration Consultant Patricia Rezmives highlights 8 common FBR pitfalls and how applicants can avoid them.

Learn more

Blog post

Vous envisagez les États-Unis pour la rentrée prochaine ? C'est le moment de préparer votre visa E-2!

Entrepreneurs français : anticipez votre projet d’installation aux États-Unis avec un visa E-2. Découvrez les étapes clés pour préparer votre investissement, votre demande de visa et le déménagement familial avant la prochaine rentrée scolaire.

Learn more

Media mentions

Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform

Fragomen and SICPA expand their digital identity platform through a strategic collaboration with IDEMIA Public Security.

Learn more

Blog post

Document Legalization Is Becoming a Global Mobility Compliance Issue: Five Trends Employers Should Watch

In this blog, UAE Consular and Document Services Manager Minu Joseph examines five global legalization trends through a Middle East lens—and outlines how employers can prepare earlier to keep assignments on track.

Learn more

Blog post

Doing Business in Qatar: Growth and Workforce Mobility

In this blog, Corporate Services Manager Julia Ignatenko explores why businesses should coordinate company formation, regulatory compliance, leadership presence and workforce mobility from the outset.

Learn more

Awards

Fragomen Wins Immigration Provider of the Year: 2026 FEM APAC EMMAs

Fragomen won Immigration Provider of the Year at the 2026 FEM APAC EMMAs, and our Worldwide Immigration Trends Report 2026 received a Highly Commended recognition in the Thought Leadership category.

Learn more

Media mentions

Forbes: DHS Adds Immigration Rule Stopping H-1B Spouses From Working To Agenda

Partner Kevin Miner discusses DHS’ proposed rule to end employment authorization for certain H-4 spouses of H-1B professionals.

Learn more

Media mentions

Newsweek: Green Card Update: Major Change Announced for Sponsors

Counsel Brian Hunt discussed USCIS’ new ability to obtain credit information from green card sponsors and the potential implications for future regulatory actions.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 8, 2026 | United StatesFragomen Opens Denver Office, Strengthening Support for Colorado Employers
September 8, 2026 | RussiaRussia: New Monitoring Application Requirements for Certain Nationals
September 8, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
September 8, 2026 | United StatesFragomen Opens Denver Office, Strengthening Support for Colorado Employers
September 8, 2026 | RussiaRussia: New Monitoring Application Requirements for Certain Nationals
September 8, 2026 | 🌐Worldwide/Ukraine: Temporary Protection Status - Country-Specific Updates
September 4, 2026 | 🌐Biometric Update: Fragomen-SICPA JV Adds IDEMIA Biometrics to Assemble End-to-End Identity Platform
September 4, 2026 | DenmarkDenmark: New Immigration Pathway for Certified Employers Hiring Foreign Nationals from Select Countries
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.