457 visa monitoring
Over the last few years the 457 visa has gone through many changes and yet still many people criticize it. The fact is that many Employers and Employees abuse the visa with fake documentation and by not complying with sponsorship obligations.
This is why over a year ago, DIBP decided to create a whole new Monitoring Unit dedicated to 457 Sponsorship.
Randomly Immigration may contact Employer’s to find out about situations in their business.
Usually it starts with a letter to the Sponsor asking for some evidence. Occasionally Officers working in the Monitoring Unit will come to the business to verify activity, employees etc. We have seen many cases where they come with photos of a particular employee so others can verify their employment. We have seen cases where even next door Business Owners were questioned.
It is very important for our clients to make sure we know about any letter’s or visitation requests IMMEDIATELY. Employers should take contact details of the visiting person, this saves time as we can contact them without waiting for an official letter.
Please also remember that you may refuse to talk to Immigration officials if the occasion or time isn’t right for you. Often we have had cases where the Employer was driving and answered a phone call from Immigration, they then became stressed or couldn’t remember the particular situation well and replied incorrectly, therefore making a lot of troubles not because of wrong doing but by saying something slightly wrong.
- Take contact details for the Immigration officer who is contacting you in person, via email or phone.
- Contact your Immigration Agent immediately, even before speaking with Immigration Officer again.
- Speak when it suits you, not when Immigration contact you.
- Refer to your files and documents. Don’t try to make up stories or remember if unsure, as it make troubles. You don’t have to remember everything, this is what files and computers are for.
- Teach your employees that they are not authorized to talk to DIBP on your behalf. If they call when you are not in the business, make sure your employee asks them to call your mobile or call back later.
Once DIBP makes first contact, we will reply to them accordingly, within the time limit required. We put all documents and explanations together but you as Employer are required to keep all of the evidence. To make sure you have everything in order contact us or check here to see what is required.
After this initial contact, we may go through further investigation or the case can be closed.
In cases where the Employer is found guilty of negligence, the Business can be sanctioned:
- Suspended sponsorship (effecting visa cancellations)