visa compliance quiz

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What is the maximum penalty for businesses that hire employees working in violation of their visas’ conditions?

visa compliance quiz
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Generally speaking, every business hiring employees who work in violation of their visas’ conditions pay, following the ‘Infringement Notice” which is usually applied without referring to the court or proving that the company had an idea about the employee’s violation of his/her visa conditions, about $18,900 as a penalty for each of these employees. Yet, in case of workers in breach, the company pays $315,500 maximum for each of these workers. This mostly applies when the company aims at employing people illegitimately and took part in an illegitimate activity such as human traffic.

Is it enough to see a visa seal on a passport to hire a person and get convinced with his/her work rights and immigration status?

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No, it is not enough for a company to just see a visa seal on a passport to decide upon hiring a certain person. The company should rather check the visa more precisely to avoid personal liability or penalties. Especially that many holders of visa today have no visa seal on their passports. This is because it’s been so long (since September 1, 2015) that visa seals have not been issued, or because the employee’s visa has been already expired or annulled.

When it hired Pam, EmpCo had no idea that Pam does not have a partner visa. The company hired her relying on her assurance. In this case, will the company be penalized or not?

visa compliance quiz
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Yes, the company will be penalized even if it has no idea that Pam does not have a working visa. This is what the Employer Sanctions Legislation imposes. Employing people in breach is quite enough to make the employer subjected to penalties.

Pam was hired by EmpCo through a recruiting agency (TempCo) which assured, in the engagement contract, that the appropriateness of all its staff visas’ work conditions. Now if Pam does not benefit from any work rights, does what the recruiting agency assured in the contract exempt EmpCo from personal liability?

visa compliance quiz
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To verify employment rights with the recruiting agencies, employers can covenant liability, and they can always rely on the immigration department’s job supply terms.

What is the most nationality, among the following, found in Immigration Detention?

visa compliance quiz
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New Zealanders are the citizens who are found the most in Immigration Detention. In 2017, New Zealanders were more than half of the visa annulments on character grounds.

What are, among the following, the work rights offered to dependent spouses of TSS or 457 visa holders in Australia?

visa compliance quiz
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In Australia, dependent spouses of TSS or 457 visa holders have the right to full-time jobs. However, this will not be the case if the visa holder loses his/her job, or if the couple decides to break up or have any problem that ruins their relationship. In this case, the dependent visa holder will automatically lose his/her job.

If a business hires workers unlawfully, company directors and officers may be personally liable

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Directors and the staff of a company hiring people unlawfully may be legally and personally penalized and responsible. To avoid this issue, the company should prove its use of adequate visa status and labor rights checking systems before and during the employment process.

What is the definite evidence, among the following, that a certain person is an Australian permanent resident aiming at complying with Employer Sanctions legislation?

visa compliance quiz
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Having a driver's license, a Medicare card, a tax file number, or even Visa offering letters does not necessarily mean that a person is an Australian permanent resident or Australian citizen. You will generally need to look at the person’s visa status upon VEVO.

Which of the following is the most type of visa held by people in Australia?

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As compared to 457/TSS holders (151,000) or holders of working holiday visa (148,000), there were more than 194,000 holders of bridging visas in Australia on March 31, 2018. A bridging visa is the most restricted type of visa, which often offers its holders work rights. If you have this visa and you decided to apply for the underlying visa, then you will probably be asked to leave Australia within 35 days.

What are the possible work rights that a student visa-based international student in Australia can have?

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In addition to their studies, international students on an Australian student visa can work for 40 hours per two weeks; while they can go for full-time jobs in holidays.

How New Zealanders in Australia are considered to be?

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In question number 9, we have mentioned that all New Zealanders in Australia have a special Category Subclass 444 visa which permits them to stay in Australia with full work rights for an indefinite period of time. Please go back to question number 9, and read its answer again.

Is it enough to see a New Zealand passport to hire a New Zealander?

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Having a simple look at a New Zealand passport, following the Employer Sanctions Legislation, is not enough to employ a New Zealand citizen. A precise check of the passport will be needed to make sure that the person concerned has, exactly like all New Zealanders in Australia, a special Category Subclass 444 visa which permits him/her to stay in Australia with full work rights for an indefinite period of time. However, it is necessary to note that New Zealand citizens with criminal registers, for example, can lose their Australian visa status; especially that nowadays New Zealanders are the most nationality found in Immigration Detention as compared to other nationalities in the world.

Can visa offering letters be sufficient evidence of immigration status when employing someone?

visa compliance quiz
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If a company wants to avoid personal liability or penalties, then it should not rely on visa grant letters as evidence of immigration status. This is because the employee concerned may have altered the expiration date or the work conditions in the visa grant letter in a way that fits him/her, or the employee’s visa may have been previously annulled. Therefore, the company should check the visa before the employment process.

What are the work rights offered to dependent spouses of international students in Australia?

visa compliance quiz

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Generally speaking, dependent spouses of international students can be allowed 40 hours of work per 15 days, regardless of the student course status (in session or not). While they can go for a full-time job if the student is doing a Master or PhD.

Does the personnel of a company holding a bridging A visa has work rights?

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When a person in Australia holds a constant visa and applies for a new visa, he/she will need a bridging A visa. Holders of this type of visa will probably benefit from the same work rights as the ones offered by the visa they hold when the application for a visa was lodged. However, applicants for a Permanent Employer-Sponsored Visa or other types of visas will benefit from full work rights.

During the employment process, EmpCo depended on Pam’s assurance thinking that she has a working visa with appropriate labor rights. This was included as a term in the employment contract. In fact, Pam does not have a working visa, and EmpCo had no idea about that. In this case, will EmpCo be exempted from personal liability based on what is included in the employment contract?

visa compliance quiz
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Following the Employer Sanctions legislation, contracting out of liability based on a term included in an employment contract is not possible. Employers have to examine the immigration status of every employee before and during the employment process; especially that most of the employees do not tend to proclaim their immigration issues. Hence, businesses hiring employees based on their assurances only are likely to face many problems.

Pam is a temporary visa holder. He was hired by EmpCo through a temp agency (TempCo). Now the question is: “who is the legitimate checker of Pam’s labor entitlements?

visa compliance quiz

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Companies that hire people through recruiting agencies will be penalized, especially if those hired people do not respect their visas’ conditions. So will the recruiting agencies which recommend a person for a certain job, especially if that person does not enjoy convenient work rights.

On March 31, 2018, how many provisory holders of visa were in Australia?

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There were around 2.3 million provisory visa holders in Australia on March 31, 2018, and the majority of them enjoyed their labor rights.

Does the compliance with the Employer Sanctions Legislation rely only on checking the immigration status of certain workers before the employment process?

visa compliance quiz
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Checking the immigration status of a worker is mandatory before and during the employment process. If an employer employs or permits a person with no appropriate work rights in Australia to keep working for him/her, this will undoubtedly make him/her liable. Thus, the employer should check very precisely the immigration status of the employee as well as the expiration dates to avoid any likely problems in the future.

visa compliance quiz
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