New Legislation Outlaws Payment for Visa Outcomes – Update

Following on from our news item dated 25 September 2015, it has been announced that The Migration Amendment (Charging for a Migration Outcome) Act 2015 received Royal Assent on 30 November 2015.

The legislation brings into effect a new criminal and civil penalty framework for organisations and individuals found to have received, offered or provided payment or other benefits in return for a range of visa sponsorship related events. These offences may now be punishable by a maximum of 2 years imprisonment or a fine equivalent to $64,000 for an individual, or $324,000 for a body corporate. Civil penalties faced by sponsors, visa applicants or third parties who receive or provide or offer a benefit related to a sponsorship related offence, include fines of $43,200 for an individual, or $216,000 for a body corporate.

Visa cancellation may also occur if an individual is found to be engaged in “payment for visa” conduct, or any conduct relating to the aforementioned offences.

FCB Smart Visa will continue to provide updates on new migration legislation as it becomes available. If you have any migration matters that you would like to discuss, please call one of our migration agents on 02 9922 5188.