A lapse in judgment has seen an employer barred from sponsoring overseas workers – what went wrong, and what can HR learn from it?
The Migration Review Tribunal has recently affirmed a decision by the Department of Immigration and Border Protection (DIBP), barring an employer from sponsoring overseas workers for the next 12 months.
This was due to the employer neglecting to inform the DIBP of an employee ceasing employment within 10 days. The employer’s migration agent informed the department 21 days after the official termination of employment.
Rebecca Macmillan, general manager of Stirling Henry Global Migration, stated that this was the only time the employer breached their obligations.
“If overseas employees are a valuable asset to your business, it is essential that you remain compliant with sponsorship obligations at all times, in order to avoid similar penalties. Dealt with correctly compliance need not be an area of concern,” she stated.
Not meeting sponsorship obligations will not only incur serious sanctions for the employer, but visa holders who do not comply with the conditions of their visa can have their visas cancelled.
Key HR takeaways
Macmillan stated that if using a reputable migration agent, problems shouldn’t arise. However, Stirling Henry has provided five key steps if in doubt:
Check the work rights of all foreign employees with a simple VEVO (visa entitlement verification online) search www.immi.gov.au/Services/Pages/vevo.aspx
Hold a copy of the VEVO search and visa approval saved in each employee’s file.
Ensure an employee’s salary increases with TSMIT (temporary skilled migration income threshold) where necessary. This is reviewed annually on July 1.
Change of employee details or termination of employment should be reported to DIBP within 10 days of the change in circumstances.
Keep receipts for, and maintain a record of, any training undertaken by Australian citizens and permanent residents.
If in doubt, Macmillan recommends employers seek professional advice.
This was due to the employer neglecting to inform the DIBP of an employee ceasing employment within 10 days. The employer’s migration agent informed the department 21 days after the official termination of employment.
Rebecca Macmillan, general manager of Stirling Henry Global Migration, stated that this was the only time the employer breached their obligations.
“If overseas employees are a valuable asset to your business, it is essential that you remain compliant with sponsorship obligations at all times, in order to avoid similar penalties. Dealt with correctly compliance need not be an area of concern,” she stated.
Not meeting sponsorship obligations will not only incur serious sanctions for the employer, but visa holders who do not comply with the conditions of their visa can have their visas cancelled.
Key HR takeaways
Macmillan stated that if using a reputable migration agent, problems shouldn’t arise. However, Stirling Henry has provided five key steps if in doubt:
Check the work rights of all foreign employees with a simple VEVO (visa entitlement verification online) search www.immi.gov.au/Services/Pages/vevo.aspx
Hold a copy of the VEVO search and visa approval saved in each employee’s file.
Ensure an employee’s salary increases with TSMIT (temporary skilled migration income threshold) where necessary. This is reviewed annually on July 1.
Change of employee details or termination of employment should be reported to DIBP within 10 days of the change in circumstances.
Keep receipts for, and maintain a record of, any training undertaken by Australian citizens and permanent residents.
If in doubt, Macmillan recommends employers seek professional advice.