Immigration officials issue anti-fraud warning to 457 visa holders - Australia Forum

Submitted by Anonymous (not verified) on Tue, 10/21/2014 - 11:16

Temporary skilled workers holding 457 visas in Australia are being reminded that they must be working in their nominated position or risk having their visa cancelled.

‘If you are found to be working in a different position, your visa can be cancelled. Your sponsor also has an obligation to make sure you are working in your nominated position. The sponsor can face severe penalties if this does not happen,’ said a spokesman for the Department of Immigration and Border Protection (DIBP).

‘If you want to change your position, your sponsor must submit a new nomination application. You cannot work in a different position until it is approved by the department.

Working outside of your nominated position is a breach of the conditions of your visa,’ he explained.

The DIBP has given an example of what can happen. Student Vikram, who has been studying for four years in Australia, was working 40 hours a fortnight at a local restaurant as a waiter. As he has almost finished his course, he was becoming nervous about his future in Australia and wanted to stay, but did not know if he was eligible for any other visas.

Vikram’s boss at the restaurant offered to sponsor him as a restaurant manager. Vikram had never worked as a restaurant manager and his only work experience was in waiting tables. When Vikram expressed these concerns to his boss, his boss told him that he would not expect Vikram to work as the manager, but they could just tell the department that this was the role he had already been filling at the restaurant and that he would continue in that role. Vikram’s boss said he would organise all the paperwork.

Vikram’s boss said that as he was helping him out with his visa to stay in Australia, he wanted Vikram to pay $30,000. This was a lot of money, but as Vikram wanted to remain in Australia, he agreed to this proposal. He had to pay $10,000 to his boss before he submitted the visa application and $20,000 once the visa had been approved.

Vikram had a very nervous wait while his visa was processed as he knew he wasn’t being honest with the department. He was very relieved when he received notification of his visa approval and was looking forward to his life in Australia. Even though $30,000 was a lot of money, he was happy to be remaining in Australia.

He continued to wait tables and perform other duties in the restaurant. Several months after his visa was approved, monitoring officers from the DIBP visited the business to see if the sponsor and visa holders were complying with their obligations. Vikram was asked about his role in the business, his experience and the duties he performed on a daily basis. Vikram was nervous and concerned because he was struggling to answer their questions and knew he was being untruthful.

Following the monitoring audit it was determined that Vikram was not working as the restaurant manager but rather as a waiter. As Vikram was not working in his nominated position, he had breached his visa conditions and his visa was cancelled.

The sponsor was also penalised for employing Vikram in an incorrect position. The sponsor was barred from sponsoring skilled workers for the next five years and received a substantial fine.

‘Not only was this young man asked to leave Australia, he had lost $30,000 by engaging in fraudulent conduct. He was also informed by the department that as his visa had been cancelled he was unlikely to be successful in obtaining a new visa for at least three years,’ the spokesman added.