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PIC 4020-Fraud Public Interest Criterion
Many visa categories are affected by the "fraud" criterion. Breaches of this criterian can have devastating effects on visa applicants and visa holders alike.
If you have provided a bogus document or false or misleading information, your visa application may be refused, or your visa cancelled. You will then be subject to a 3-year ban on applying for a further visa to which this PIC applies.
Importantly, PIC 4020 is not met, even where an applicant does not knowingly provide false or misleading documentation or information, e.g. by a disreputable migration agent.
The 3-year ban can be waived in compelling and/or compassionate circumstances that meet certain regulatory requirements.
If you have any concerns about meeting this criterion, please contact us to discuss ways of avoiding breaches, or for assistance in seeking a waiver should this be required.
Employer Sanctions Legislation
The 457 visa sponsorship framework provides various types of sanction action by the Department, where a sponsor fails to satisfy a sponsorship obligation. These include:
Issuing a formal warning letter;
Barring the sponsor from sponsoring more people;
Cancelling of approval as a sponsor;
Accepting an undertaking enforceable in Court;
Serving an infringement notice which can carry a substantial monetary penalty;
Applying to a court for a civil penalty.
It is critical that sponsors subjected to monitoring by the Department be apprised of the possible effects of civil and criminal penalty provisions.
It is imperative that employers understand the potential consequences of sponsorship breaches which can include fines, imprisonment and loss of sponsorship.
At MCA we adopt a pro-active approach to preparing clients for Departmental action. We help clients prepare, by conducting risk management and due diligence assessments, as well as representing clients faced with potential sanctions.
457 Visa Options for Employers
Employers that sponsor 457-visa applicants agree to the following enforceable sponsorship obligations:
Co-operate with authorised inspectors;
Ensure equivalent terms and conditions of employment;
Pay travel costs, location and removal costs;
Keep records to demonstrate compliance with sponsorship obligations;
Provide records and information;
Provide information when certain events occur;
Secure an offer of reasonable standard of accommodation;
Ensure primary sponsored person works or participates in the nominated occupation;
Not to recover, transfer or take actions that would result in another person paying for costs.
If you are unsure of your obligations, or are subject to monitoring or compliance action by the Department, we recommend that you contact us immediately to discuss your rights and obligations, and ways in which we may assist.