Australia
A new criminal and civil penalty regime that was anticipated to come into effect by May 30, 2016 has been introduced earlier than expected and now makes it illegal for a sponsor to be paid by visa applicants for certain immigration events. The laws have also led to changes in nomination and visa criteria to facilitate the practical effect of the new system.
Effective December 14, 2015, visa nominators and applicants must certify whether or not they have engaged in any of the prescribed illegal conduct in relation to each visa application.
Impacted Sponsor Types
Related regulations have been introduced to specify the types of sponsors and visas that are impacted by the new penalty system.
The new penalty system applies to the following sponsors:
- Standard Business Sponsor
- Long Stay Activity Sponsor
- Training And Research Sponsor
- Entertainment Sponsor
- Superyacht Crew Sponsor
- Exchange Sponsor
- Religious Worker Sponsor
- Sport Sponsor
The regulations also specify that fees paid to registered migration agents or other service professionals are generally exempt from these provisions provided the payment is for a reasonable amount.
What This Means for Employers and Foreign Nationals
Employers should contact their immigration professional if they wish to discuss the implications and penalties associated with the new law.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
MARN: 1461596
©2015 Fragomen
Explore more at Fragomen
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.
Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.
Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.
Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.
Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.
Blog post
Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.
Blog post
This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.
Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.
Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.
Media mentions
Partner Audrea Golding discusses recent changes requiring most H-1B visa holders and certain dependents to complete in-person interviews abroad for visa renewals.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi are joined by Lara Dyer, Chief Program Officer (Americas) at Talent Beyond Boundaries, to explore Canada’s EMPP.
Blog post
Director Johannes Kgotso Tiba explains the legal process and key considerations for individuals seeking to regain South African citizenship after renunciation or loss.
Blog post
Partner Kenneth Lau discusses the development and implications of Vietnam's updated work permit regulations.
Blog post
This blog explores Vietnam’s evolving work permit regulations amid growing foreign investment.