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Are you working at your nominated place of employment?

This post is part of a series of fictional scenarios designed to help temporary skilled workers holding 457 visas and their sponsors to better understand their responsibilities and obligations. It is also designed to assist you in avoiding visa scams and fraudulent activity. The department takes allegations of fraud very seriously. There are significant penalties if you are caught engaging in fraudulent activity.

Working for your nominated sponsor240 x 320 - Construction

  • You must work for your nominated sponsor, in the position for which you were nominated. If this is not occurring you may have your visa cancelled.
  • If you are a sc457 visa holder you must not work for an employer or business other than your sponsor.
  • Sponsors found to have sponsored someone who does not work at their company will face severe penalties and fines.
  • If you wish to change your employer your new employer must sponsor you and lodge a new nomination.

If you know or suspect that someone is not working in the job or company that they are meant to please contact the department through the Immigration dob-in line.

Please note: names of people and businesses in this story are fictional for the purposes of this case study.

Abdul wanted to come and live in Australia. He dreamt of becoming a permanent resident and eventually an Australian citizen. Abdul believed his best option to become an Australian would be to enter through the skilled migration pathway. The problem was that Abdul could not find a sponsor willing to sponsor him.

Abdul sought the advice of a family member who informed him that he knew a man called Wasim who would be willing to sponsor him. Wasim operated a large import-export company.

Abdul contacted Wasim and asked him if he could sponsor him. Wasim informed Abdul that he did not have any jobs available in his company and could not afford to pay his wage to employ him. However, Wasim told Abdul that he would sponsor him for $20,000 upfront. Abdul would also need to pay money to Wasim each month. This would then be paid back to Abdul to make it appear that the import-export company was paying Abdul a salary. Abdul wanted to live in Australia, so he agreed to this.

Abdul paid the upfront money to Wasim who then sponsored him to work in Australia with his import-export company. Abdul was excited when he received a visa to live and work in Australia. As Wasim had no job for Abdul, Abdul did not work at Wasim’s company. Instead he found work as a taxi driver.

This arrangement continued for a number of months until the department performed a
routine monitoring check on Wasim’s company. They asked to talk to Abdul, who was not at the business. Departmental officials questioned other employees and discovered that Abdul had never worked at the company, but rather had an arrangement with Wasim.

Several days later, the department contacted Abdul about these allegations. Abdul claimed that the reason that he was not at work on the day of the department’s visit was due to illness. He denied that he was working as a taxi driver. The investigators further questioned Abdul about his role in the business and his co-workers. Because Abdul had never worked with the import-export company he was unable to answer these questions. Abdul and Wasim were found to have provided false and misleading information to the department.

Abdul’s visa was cancelled and he may not be able to return to Australia for at least three years. In addition he was unable to recover his $20,000. Wasim received a substantial fine and was prevented from sponsoring any new employees.

Stay tuned for a new scenario next week.

Comments (4)

Comment: 

Hi DIBP,
I am on a 457 visa and have worked for 2yrs now. Our in house company migration agent applied me a PR visa. But Before the PR application there was a problem where our in house company agent applied me an incorrect position which is Civil Egineer. I was hired as an Estimator and signed a contract With an eatimator position and i worked as an estimator. When our agent applied for PR visa she found out that she nominated me with incorrect nomination (civil engineer). She then re-nominated me with the correct position (estimator) prior to the lodgement of PR visa. Our agent made a letter which she included in my PR application stating the mistake that she has done. My question is will this jeopardize my PR application in anyway? (Hope and pray not.) The mistake was done by the agent and not by me. Im hoping for your response to this. Thank you

Comment: 

The most appropriate action to take is to contact the area responsible for processing your application or a case officer if one has been allocated in order to discuss your situation. You should provide any further information you deem necessary in support of your application as without being aware of the specifics of your case I am unable to answer your question. If you require more information regarding work visas please refer here http://www.immi.gov.au/Work/Pages/Work.aspx

Comment: 

My comment is a reversal of what happened to Abdul. What if the company who sponsored you is not following the job or work specified in your 457 skilled visa. Example: caroenter your skill, company is food and beverage,hospitality ( yardie and driver ).

Comment: 

If you are not working in the position that you were nominated for, you are in breach of your visa conditions. If you are working in a different position to the one you are nominated for, you must ask your sponsor to apply for a new nomination in respect of the new position.

If you are found to be working outside your nominated occupation, your visa may be cancelled and the business that sponsors you can be sanctioned or barred from the programme.

If your employer is preventing you from working in your nominated position, you should anonymously contact the department through its dob-in service: http://www.immi.gov.au/Help/Pages/immigration-dob-in-service.aspx#what-i....