AUSTRALIA $ 30000 FOR 457 VISA PAID BY ONE FOREIGN STUDENT TO ONE EMPLOYER WHO SHOWED HIS POST AS RESTAURANT MANAGER BUT ACTUALLY CLEARING TABLE AS STUDENT AFTER COMPLETION OF STUDY OF 4 YEARS WANTED TO STAY IN THE COUNTRY BUT ONE DAY IMMIGRATION OFFICIALS VISITED RESTAURANT FOR INSPECTION WHICH RESULTED IN CANCELLATION OF VISA AND EMPLOYER FACING BAN FOR 5 YEARS TO SPONSOR FOREIGN WORKERS Vikram has spent the last four years in Australia studying. While Vikram was studying he was working 40 hours a fortnight at a local restaurant as a waiter. As he has almost finished his course, Vikram was becoming nervous about his future in Australia; he wanted to stay but did not know if he was eligible for any other visas. Vikram’s boss at the restaurant offered to sponsor him as a restaurant manager. Vikram had never worked as a restaurant manager and his only work experience was in waiting tables. When Vikram expressed these concerns to his boss, his boss told him that he would not expect Vikram to work as the manager, but they could just tell the Department of Immigration and Border Protection that this was the role he had already been filling at the restaurant and that he would continue in that role. Vikram’s boss said he would organise all the paperwork. Vikram’s boss said that as he was helping him out with his visa to stay in Australia, he wanted Vikram payment - $30,000. This was a lot of money but as Vikram wanted to remain in Australia he agreed to this proposal. Vikram had to pay $10,000 to his boss before he submitted the visa application and $20,000 once the visa had been approved. Vikram had a very nervous wait while his visa was processed as he knew he wasn’t being honest with the department. He was very relieved when he received notification of his visa approval and was looking forward to his life in Australia. Even though $30,000 was a lot of money, he was happy to be remaining in Australia. Vikram continued to wait tables and perform other duties in the restaurant. Several months after his visa was approved, monitoring officers from the Department of Immigration and Border Protection visited the business to see if the sponsor and visa holders were complying with their obligations. Vikram was asked about his role in the business. He was asked questions about his experience and the duties he performed on a daily basis. Vikram was nervous and concerned because he was struggling to answer their questions and knew he was being untruthful. Following the monitoring audit it was determined that Vikram was not working as the restaurant manager but rather as a waiter. As Vikram was not working in his nominated position, he breached his visa conditions and his visa was cancelled. The sponsor was also penalised for employing Vikram in an incorrect position. The sponsor was barred from sponsoring skilled workers for the next five years and received a substantial fine. Vikram was disappointed. Not only would he have to leave Australia, he had lost $30,000 by engaging in fraudulent conduct. He was also informed by the department that as his visa had been cancelled he was unlikely to be successful in obtaining a new visa for at least three years
Posted on: Thu, 02 Oct 2014 08:21:52 +0000
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