An immigration audit is an internal business review of employees that hold Australian visas, whether they are sponsored or unsponsored, in order to ensure:
- that all visa holders continue to hold the requisite right to work in their role for the employer; and
- the business is meeting all of its sponsorship obligations, if any apply
This includes checking visa status of all current and some cases former staff, visa conditions, employment conditions, and any record keeping/reporting obligations owed to the Department are adequately maintained.
Frequently Asked Questions
What is an immigration audit for employer sponsorship visas and corporate visas?
It is important that businesses conduct an audit every quarter to ensure they are able to produce records if they receive a request from the Department of Home Affairs and to ensure they are not breaching the Migration Act. There are severe business and personal penalties for breaching the Migration Act.
Kindra Migration Lawyers offers immigration auditing services to ensure businesses remain compliant with the Migration Act and advise on how to deal with any non-compliance issues.
We regularly complete immigration audits as part of the due diligence process in company mergers and acquisitions or where leadership changes take place. It is important for businesses looking to acquire or merge with another company to understand any potential risks relating to sponsorship non-compliance due to the severe nature of the penalties that can be imposed.
What are an employer’s sponsorship obligations for corporate visas in Australia?
A comprehensive list of sponsorship obligations for employers sponsoring visa holders in Australia can be found on the Department of Home Affairs website. Some of the key obligations include:
- Notify the Department of Home Affairs when there are certain changes to your business
- Notify the Department of Home Affairs if your sponsored visa holder leaves employment or the nature of the employment changes
- Ensure that the sponsored visa holder works only in the nominated occupation
- Ensure equivalent terms and conditions of employment are met
- Not engage in discriminatory practices
- Keep detailed records to demonstrate compliance with your sponsorship obligations
- Provide these records and information as requested
- Assume all the costs associated with becoming a sponsor
- Payment of reasonable travel costs of the sponsored visa holder and their family
- Pay costs to locate and remove unlawful non-citizens
- Cooperate with inspectors
Why is an immigration audit important for employers in managing employer sponsorship visas and ensuring compliance?
Ensuring your company’s records and compliance obligations are up-to-date and complete is important for employers in case of an audit by the Department of Home Affairs. Employing staff without the requisite work rights, failing to maintain adequate records, and failing to report important changes in the employment of sponsored staff can result in potential penalties for employers ranging from cancellation of a Standard Business Sponsorship to significant financial penalties and even criminal penalties.
VEVO Checks and Employer Compliance
What is VEVO?
VEVO (Visa Entitlement Verification Online) is the official system provided by the Department of Home Affairs for employers to check the visa status and work rights of non-citizen employees in Australia. Regular VEVO checks are a critical part of any immigration audit and ongoing compliance program.
Why are VEVO checks important?
- Legal Requirement: Employers must ensure all staff have the legal right to work in Australia. Conducting and recording VEVO checks demonstrates active compliance with the Migration Act and sponsorship obligations where relevant
- Risk Management: Regular VEVO checks help identify any changes in visa status or work rights, reducing the risk of inadvertently employing someone without valid work rights
- Record Keeping: Employers should keep detailed records of all VEVO checks, including the date, result, and identity documents sighted. These records may be requested by the Department of Home Affairs during an audit or investigation
How to conduct a VEVO check
- Obtain written consent from the employee to conduct a VEVO check
- Access the VEVO portal
- Enter the employee’s details and review their current visa status and work conditions
- Save or print the VEVO result and file it with the employee’s records and confirm any expiry dates and visa conditions
Best practice for Australian businesses
- Schedule VEVO checks at least quarterly for all visa holders, or more frequently for high-risk role
- Include VEVO checks as part of your onboarding and offboarding processes
- Ensure all managers and HR staff are trained in how to conduct and record VEVO checks
If you want to learn more about immigration audits and visa compliance for employers, book your free 10 minute consultation online now with one of our migration lawyers.