The Migration Act 1958 (Cth) sets out laws designed to regulate the behaviour of visa holders, employers, and others involved in Australia’s migration system. Breaches of these laws can lead to serious consequences, including fines, imprisonment, or visa cancellations. Understanding these obligations is essential for anyone navigating Australia’s immigration framework.

Work-Related Immigration Offences

Visa holders and employers must strictly adhere to the conditions attached to work rights. Working in breach of visa conditions or employing individuals without appropriate work rights can result in significant legal consequences.

Common Offences

• Working Without Permission: Visa holders who work without the proper authorisation or in contravention of their visa conditions may face penalties.
• Employing Unauthorised Workers: Employers or recruiters who knowingly or recklessly allow unauthorised workers to undertake employment can be prosecuted, with harsher penalties where exploitation is involved.
• Civil Penalties: Even if unintentional, employing or referring unauthorised workers may result in civil penalties.

Defences for Employers

Employers can defend against allegations by demonstrating they took reasonable steps to verify workers’ entitlements. This includes:

• Checking work rights using the Department of Home Affairs’ VEVO system.
• Contracting third-party services to confirm work entitlements.
• Retaining evidence of checks conducted.

Offences Relating to Visa Applications

The Migration Act imposes severe penalties for providing false or misleading information in relation to visa applications.

Examples of Offences

• False Information: Supplying incorrect details or fraudulent documents in a visa application or at the border.
• Fake Marriages or Relationships: Falsely claiming a relationship to obtain a visa.
• Using Another Person’s Visa: Attempting to enter or remain in Australia using someone else’s visa.
• Harbouring Unlawful Non-Citizens: Concealing or assisting individuals who do not have valid visas to remain in Australia.

Best Practices for Compliance

• For Employers: Regularly verify workers’ visa entitlements, maintain clear policies regarding compliance, and ensure all contracts include provisions requiring workers to have proper authorisation.
• For Visa Applicants: Always provide accurate information and genuine documents in applications. If you are unsure about your situation, seek professional advice before proceeding.

Seek Expert Advice

Immigration offences can carry serious consequences, affecting your rights and future in Australia. At Montgomery Legal Practice, we specialise in immigration law and can assist with compliance, addressing allegations of breaches, or navigating visa application issues. Contact us today to discuss your concerns and find practical solutions tailored to your needs.