Important Updates
Important Updates
November 7, 2025 | 🌐Minimum Salary Changes Announced
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 7, 2025 | 🌐Minimum Salary Changes Announced
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 7, 2025 | 🌐Minimum Salary Changes Announced
Subscribe
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • 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
  • 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

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.