A very important question all businesses should ask themselves, but often do not, is: Are we in full compliance with Immigration Law?
Any business engaged in the practise of employing overseas workers, or temporary visa holders, has some level of exposure to this risk. This is a very common for a wide variety of both Australian and multi-national corporations considering 1 in 12 employees in the Australian workforce are temporary visa holders.
Any company that employs temporary visa holders must register with the Government as a ‘Business Sponsor’ – This involves registration with Australia’s Department of Home Affairs resulting in compliance obligations on behalf of the participating organisation.
In order to comply with these Sponsorship obligations the organisation must:
- Maintain records of visa holders, visa status, conditions, and expiry dates;
- Ensure that employees and contractors have the right to work in Australia prior to employing them, and regularly check the visa status of temporary visa holders for the duration of their employment/visa;
- Implement structures and frameworks to ensure the organisation is complying with immigration laws and that staff are aware of these obligations;
- Provide training to staff to ensure they understand immigration laws and any obligations that may relate to them, their employees, or reports.
The above compliance requirements can be managed by organisations through manual systems such as Excel spreadsheets and administrative staff, using online government services. This may require additional support from domain experts to understand and prepare the relevant systems, and requires ongoing staff to oversee all temporary visa holders are complying at all times with the Department’s requirements.
Alternatively, organisations can purchase a product that meets the compliance requirements. Complize is a Saas platform designed to enable organisations to manage immigration compliance, increase organisational knowledge and reduce risk. Content is developed and designed by the respected Australian immigration law firm Hammond Taylor, in collaboration with Complize – an Australian IT firm.
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Authors: TJ, Jackson Taylor and Luke Scully