How to Avoid Surprise Costs/Penalties – for HR & Legal

Written by Jackson Taylor | Sep 2, 2024 3:00:00 AM

Non-compliance with the specific Visa conditions specified for temporary workers do not only negatively impact the individual migrant employee, it can also have catastrophic results for your business. The Department of home Affairs has the ability to fully revoke the right of a business to sponsor temporary workers, crippling some workforces where international labour and expertise is required to properly function.

Here are the top three simple things to remember which can help you avoid hundreds of thousands of dollars in fines from immigration penalties: 

1. Employee Work Rights

The employer will need to assure that all temporary sponsored visa holders have the right to work and the correct visa for their specific role. The employer should do a VEVO check on each of the temporary visa holders before they start working. Failing to obtain their employee work rights at the beginning of their employment could result in the cancellation of their approval to operate as a business sponsor and penalties may also apply. 

2. Track up to 7 Years Records

The Department of Home Affairs requires registered business sponsors to track records up to 7 years, notify Home Affairs of certain events or changes in circumstances and cooperate with immigration inspectors. The records should be kept such as date of employee onboarding and offboarding, visa work conditions, current passport details for the employee, annual salary and visa expiration date to name just a few. 

3. Stay up to date

Staying on top of the trends is important in any business and helps to assure you stay ahead of the competition, compliant with all rules and regulations impacting your industry and assists in the important work of planning for future success. Just as you take time each day to stay up to date with the latest news and development in your field, you should also stay up to date with the latest changes in immigration law, regulations and policy – this could prevent you from any heavy penalties or brand damage in the long term.  

Breaches of these immigration regulations can result in administrative, civil and criminal penalties, including jail time for executive officers of the organisation where there is reckless or negligent conduct. In addition, breaches of immigration laws can result in serious and long-lasting reputational damage. Where these issues become features in the media, there can be serious consequences for brand value and social license.  These risks can be managed through effective compliance and risk systems.

All these immigration compliances above can be regulated through Complize. Complize is a cloud-based immigration compliance toolkit that integrates with Home Affairs’ systems to ensure organisations can meet their immigration legal obligations in real-time. 

Contact us now to schedule a quick demonstration on how Complize could help you by simplifying and streamlining your immigration compliance experience.