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?
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.
How New Zealanders in Australia are considered to be?
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.
What is the most nationality, among the following, found in Immigration Detention?
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 the work rights offered to dependent spouses of international students in Australia?
Please select 2 correct answers
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.
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?
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.
What are, among the following, the work rights offered to dependent spouses of TSS or 457 visa holders in Australia?
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.
Does the personnel of a company holding a bridging A visa has work rights?
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.
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?
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.
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?
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.
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