Not all breaches of a visa work condition are necessarily deliberate. Often, breaches of visa conditions can occur when someone misunderstands or is ignorant of the visa rules. You could face significant legal and immigration consequences if you work beyond the limits of your visa in Australia. If you have a temporary visa, you need to be very clear on the permissions and prohibitions in your visa.
Getting help from Perth’s best immigration solicitors will save you a lot of money and help protect your future in Australia.
A violation of a visa work condition is not necessarily always a violation in the sense of intentionally doing something wrong; these violations can clearly happen as a result of misunderstandings and/or just because you were not aware of something. Working outside the limits of your visa includes:
Each one of these actions has dire consequences if one did not mean to break the rules.
Working beyond your visa limits can expose you to a number of risks, not only concerning your current stay but also for any future ability to remain in or return to Australia.
Any visa breach, no matter how minor, forms part of your immigration record. Your future visa application process are considered against that record, and a history of non-compliance weighs heavily against you on the subsequent application for a new visa or permanent residence pathway.
The Migration Act 1958 and its regulations carry provisions with penalties for working without having the correct visa or allowing a person to work in breach of their visa conditions. Employers found employing individuals who have no work rights may be subject to severe fines or prosecution.
In some circumstances, when a person knowingly breaches the restrictions on his/her visa, he/she may attract a penalty or detention for removal.
Workers who breach their visa conditions are considerably more susceptible to exploitation. While all workers in Australia are protected by workplace laws irrespective of their visa status, the threat of being reported often means that visa overstayers and illegal workers do not speak up against mistreatment.
The result can be underpayment, poor working conditions, or unfair dismissals.
If you are working illegally, you may not be receiving or paying the right amount of tax and may not receive superannuation. The Australian Taxation Office may apply penalties if you have not paid the right amount of tax.
If you are on visa condition 8547, you cannot work for an employer for more than six months unless the Department of Home Affairs has, in writing, permitted you to.
If you think that you are going to need to work longer, apply for the extension before the six months are completed, as any breach may mean you can’t extend or vary your visa.
You can only work for that employer and/or in that occupation if you are in Australia on a temporary skilled visa with an employer or occupation condition attached to it.
You must not change employer or work outside the nominated position without proper approval; this is a breach in sponsorship conditions that could lead to your visa cancellation and possible sanctions for your employer.
Working when your visa has expired or has been cancelled is a serious breach. An unlawful non-citizen is not permitted to work in Australia at all. Furthermore, this can lead to detention, removal and/or lengthy re-entry bans.
If you realise that you have been working past the expiry of your visa, you should immediately contact the Department or seek professional assistance rather than continue working.
Australia’s immigration program is strict, and you are expected to follow the visa’s work conditions. Australia has a strict immigration program, so you must follow your visa’s work conditions. If you engage in work outside your visa’s work conditions, you may jeopardise your immigration record, risk cancellation and forfeit all chances to apply for any other immigration pathways in the future.
If you have any uncertainty about your work rights, it is your responsibility to seek advice. You should review your situation with the best immigration lawyers Perth who will, with your permission, ensure you have complied, protect your means of supporting yourself and set yourself and your family up for a long future in Australia.
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