Temporary skilled workers holding 457 visas in Australia are being reminded that they must work for their nominated sponsor in the position for which they were nominated.
Officials from the Department of Immigration and Border Protection (DIBP) are also warning about the risks of visa scams and fraud, along with urging visa holders to better understand their responsibilities and obligations.
‘The department takes allegations of fraud very seriously. There are significant penalties if you are caught engaging in fraudulent activity. You must work for your nominated sponsor, in the position for which you were nominated. If this is not occurring you may have your visa cancelled,’ said a DIBP spokesman.
‘If you are a 457 visa holder, you must not work for an employer or business other than your sponsor. Sponsors found to have sponsored someone who does not work at their company will face severe penalties and fines,’ the spokesman added.
The department pointed out that anyone wishing to change their employer must ensure that their new employer sponsors them and lodges a new nomination. It has released a case study to show what can go wrong.
For example, Abdul has always wanted to live in Australia and had dreamt of becoming a permanent resident and eventually, an Australian citizen. He believed his best option to become an Australian would be to enter through the skilled migration pathway. The problem was that Abdul could not find a sponsor willing to sponsor him.
Abdul sought the advice of a family member, who informed him that he knew a man called Wasim who would be willing to sponsor him. Wasim operated a large import-export company.
Abdul contacted Wasim and asked if he could sponsor him. Wasim informed Abdul that he did not have any jobs available in his company and could not afford to pay his wage to employ him. However, Wasim told Abdul that he would sponsor him for $20,000 upfront.
Abdul would also need to pay money to Wasim each month. This would then be paid back to Abdul to make it appear that the import-export company was paying Abdul a salary. Abdul wanted to live in Australia, so he agreed to this.
Abdul paid the upfront money to Wasim, who then sponsored him to work in Australia with his import-export company. Abdul was excited when he received a visa to live and work in Australia. As Wasim had no job for Abdul, Abdul did not work at Wasim’s company. Instead he found work as a taxi driver.
This arrangement continued for a number of months until the department performed a routine monitoring check on Wasim’s company. They asked to talk to Abdul, who was not at the business. Departmental officials questioned other employees and discovered that Abdul had never worked at the company, but rather had an arrangement with Wasim.
Several days later, the department contacted Abdul about these allegations. Abdul claimed that the reason that he was not at work on the day of the department’s visit was due to illness. He denied that he was working as a taxi driver.
The investigators further questioned Abdul about his role in the business and his co-workers. Because Abdul had never worked with the import-export company, he was unable to answer these questions. Abdul and Wasim were found to have provided false and misleading information to the department.
Abdul’s visa was cancelled and he may not be able to return to Australia for at least three years. In addition, he was unable to recover his $20,000. Wasim received a substantial fine and was prevented from sponsoring any new employees.