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home arrow publications arrow monitor arrow Autumn 2007 arrow Check your employees visa status
Check your employees visa status

It is more important than ever that employers check potential employees' visa status before they commence work.

The Migration Amendment (Employer Sanctions) Act is expected to be introduced on 15 August 2007.  From that date, employers that employ an illegal worker or refer an illegal employee for work with another business could face significant fines of up to $66,000 for a company or up to $13,200 for an individual - for each illegal worker.  This applies whether the employer knowingly employs an illegal worker or is aware of a risk that someone is not entitled to work and still employs them.

As a result, employers should check the visa status of all potential employees that are not Australian citizens, by using the Department of Immigration and Citizenship's (DIAC) visa checking service (www.immi.gov.au).  For any employers without access to the internet or a fax, DIMA will give them 48 hours from when an employee starts work to conduct any checks.  If the checking processing is started within this timeframe, DIMA will not prosecute the employer as long as they can prove when the employee started work and when the checks were initiated.

Citizenship Bill

The Australian Citizenship Bill is expected to come into effect later this year, increasing residency requirements. If passed, a person must have been a lawful resident in Australia for four years, with at least one year as a permanent resident, immediately before they can apply for citizenship. During the four year period an applicant can be absent from Australia for:

  • Up to 12 months in total
  • Up to three months during the 12 months immediately before applying.

The Federal Government will also introduce a citizenship test, with a timeframe yet to be announced. Public consultation showed overall support for a formal test, which would include knowledge of Australia, English language testing and a demonstrated commitment to Australia.


Further information:
Emma Swenson
T  07 3292 9726
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