Australia – Accepting Payments for Migration Outcomes Now a Criminal Offense

What has changed

With effect from December 14, 2015, Australia has introduced the Migration Amendment (Charging for a Migration Outcome) Act 2015, to criminalize the accepting of payments for migration outcomes. This law makes it illegal to accept payments from any person in exchange for support for a visa application. For example, an employer in Australia may not accept money from an employee in return for visa sponsorship. Regulations have also been introduced to make the law applicable to certain visa categories, including those most commonly used by employers to sponsor foreign workers.

Who is affected?
What to expect

The visa sub classes to which the law is applicable are:

  • Subclass 186 (Employer Nomination Scheme)
  • Subclass 187 (Regional Sponsored Migration Scheme)
  • Subclass 401 (Temporary Work (Long Stay Activity))
  • Subclass 402 (Training and Research)
  • Subclass 420 (Temporary Work (Entertainment))
  • Subclass 457 (Temporary Work (Skilled))
  • Subclass 488 (Superyacht Crew)

What you need to do
Planning ahead

  • It is important that employers understand that this conduct is punishable and would be treated very seriously by authorities and would also be likely to negatively impact future applications made by employers breaching this law.
  • Contact your Emigra Worldwide attorney or representative for further details on how these updates may impact you or your client.

The information above was provided by Emigra Worldwide, our global network partners, and relevant government authorities. The information herein is for general purposes only and not intended as advice for a particular matter. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work.