On December 14, 2015, Australia implemented the Charging for a Migration Outcome Act which criminalizes the act of accepting payments to ensure favorable migration outcomes. Visa applicants and sponsors must declare whether or not they have been partaking in behavior relating to ‘payment for visas’ during the entire application process. The sponsors affected under this new regulation include standard business, entertainment, sports, exchange, long stay activity, training and research, religious worker and superyacht crew sponsors.
The Migration Outcome Act will apply to the following visa categories:
• Employer Nomination Scheme (Subclass 186);
• Regional Sponsored Migration Scheme (Subclass 187);
• Temporary Work – Long Stay Activity (Subclass 401);
• Training and Research (Subclass 402);
• Temporary Work – Entertainment (Subclass 420);
• Temporary Work – Skilled (Subclass 457); and
• Superyacht Crew (Subclass 488).
The regulation clarifies that ‘labor contracts’ that are not considered ‘work contracts’ are indeed covered under this new law. Furthermore, those found guilty of breaking this law will be given the option to pay a fine instead of having to go through court proceedings. On the other hand, the regulation does permit for payment of professional services during the visa process.
Please note that this is general information only and not intended as advice on a specific matter. Please feel free to contact Fakhoury Global Immigration directly with questions exclusive to your situation. This news alert may have been prepared using information from Peregrine Immigration Management, which is licensed to Fakhoury Global Immigration.