The ATO has a new data matching project which will enable the immigration department to provide the ATO with the names, addresses and other details of temporary workers. These include sponsored subclass 457 visa holders, working holiday makers and students who applied for their visa between July 2008 and 31 March 2011.

The ATO seems concerned principally about non-compliance with tax return lodgement, tax registration and fraudulent activities concerning refunds. In addition, there appears to be a particular focus on students who work in Australia, possibly in breach of their visa conditions around work permission.  Effective compliance and collection action against visa holders before they depart Australia appears to be a key objective of this exercise.

This data matching activity is significant for visa holders as information gathered and shared by the ATO will be used by the immigration department to target compliance work such as:

- Penalising employers who have paid staff less than their nominated salary – noting also that the 457 visa may be cancelled if this has occurred;

- Cancelling student visas for breach of the 20 hour work limit;

- Follow-up for working holiday makers who have worked for more than 6 months for one employer;

- Spouse visa applicants recorded as having different addresses or spouses than those claimed in a visa application.

The new fraud public interest criterion 4020 could also be activated to refuse visas if ATO records indicate misleading/fraudulent information has been provided to DIAC.

Employers need to be prepared for ongoing audit activity as government regulators will continue collaborative targeting in pursuit of compliance and revenue.

DIAC have extended the “Fraud” Public Interest Criterion 4020 to student and business skills visa applications. This regulation already applies to all sponsored work and working holiday applications and enables DIAC to refuse a visa application if it is discovered that you;

1. Have provided misleading or bogus information; or
2. Either in the current application or in an application to obtain a visa you have held in the last 12 months.

Immigration have already cracked down on working holiday visas granted on the basis of false claims of seasonal harvesting work.

In conjunction with heightened cooperation with the tax office, immigration appear now to be targeting student visa holders who have not complied with student visa work and other limitations.

Following the Knight Review, the Department of Immigration have implemented changes to student visa regulations including a new “genuine temporary entrant criterion”.

Before granting a student visa immigration can now consider anything that might indicate a desire to remain in Australia – such as previous immigration history, whether studies appear likely to benefit the student in future, and whether due to economic or political circumstances back home the person is likely to want to remain in Australia permanently. This will provide DIAC with a similar discretion to refuse visas as exists within the visitor visa program - it may mean that as with the visitor visa regime, visa applications from ‘high-risk’ countries are routinely refused.

To be successful, student visa applicants will need to show a good case for why they wish to study in Australia and to show their intention is to return home afterwards.

An immigration lawyer can help to make sure that a student meets the genuine temporary entrant guidelines set out by DIAC before an application is submitted.

To avoid your visa application being refused without taking into account your response make sure you reply within this time.

Legally this new law may cause issues if DIAC leaves a message on your phone if you miss the call. Therefore, check your phone regularly and respond within 1 week if you have an application pending.

New ‘User-pays’ – DIAC price hike on visa application fees

The November 2011 budget introduced significant price increases for some visa applications.

· From 1 January 2012: fees for skills and business visa applications will increase from 5% to 15%. The exact amount of the new fees is unknown but will result in extra fees of $190 to over $1800.

· From July 2012: a consumer price index increase will apply to visa application fees, and a surcharge will be introduced for optional services such as visa labels

· From July 2013: a fee for family members included in visa applications will be introduced, and fees for subclass 457 visa applications will be determined by the duration of the proposed stay.

The 2013 fee increases will affect larger families, particularly those with parents who are dependant on them or those looking after nieces and nephews for siblings who are unable or deceased. If you are caring for an extended family you should consider lodging your visa application asap.

DIAC compliance raids have detained up to 50 individuals across Australia found to be working in breach of their entry conditions or overstaying their visa. Arrangements are being made to send these people back home.

Raids have occurred in 3 states, the latest of which in the agricultural region of Robinvale near the Murray River.

DIAC’s tough approach to deporting illegal workers indicates the Department is taking seriously the recommendations set out in legal expert Stephen Howell’s Report on the Review of the Migration Amendment (Employer Sanctions) Act 2007.

Howells recommended stricter penalties for Australian employers who recruit illegal workers - likely to result in fines for employers of $10,000 for each workers. Current criminal penalties of up to 2 years in prison or $66,000 for employing an illegal worker will also remain.

The large number of people identified by the immigration department as working in breach of their visas helps to highlight the importance of businesses gaining qualified information before progressing with the hire of international workers – regardless of the business type or industry sector.

Avoid penalties – check an individual has the right to work by identifying citizenship and if not Australian managers can - with the permission of new candidates – verify the person’s right to work using the Department of Immigration’s Visa Entitlement Verification Online service.

For further information on the types of visas that are applicable, employers should always contact a registered migration consultant for qualified advice.

JTH Immigration can prepare a new student visa application for you for $750, plus disbursements (OSHC, visa application fee, medicals, translations).   We can also assist with applications for 485 and GSM visas.

Please email info@jtimmigration.com.au to book.

Only 750 Carer, Remaining Relative, Aged Dependent Relative Visas visas are available to 30 June 2011.  As this limit is likely to be reached, unfinalised applications will be queued until the next financial year.

All visas except spouse, de-facto partner and dependant child visas can be capped at any time by the Minister.  There is nothing you can do to avoid being affected by capping, but if you apply for your visa promptly and provide everything to immigration that is necessary, you may get a visa before a cap is reached or put in place.  We can assist you with preparing a complete visa application.

With new changes, working holiday makers can now work, including as a volunteer, to do flood cleanup work. If in a regional area this will count towards 3 months’ eligible work to move onto a second year working holiday visa.

For instance, the subclass 845 visa is a good option for those who have already been in Australia on temporary visas (students, visitors, subclass 457s etc) for at least 272 days and owned 30-51% of a successful business for at least 18 months.

Business skilled applications can also assist those over 45 years of age to migrate to Australia.

If you have been running a business in Australia or are interested in business migration in the future, please contact us at info@jtimmigration.com.au or 03 8060 2457.

Many applicants will now only be able to migrate using other visas.  However, some can still apply for visas using the old skilled occupations list. The table below sets out which list may apply to you.

For those affected by the changes, please contact us for advice on (+613) 8060 2451.