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Australia takes up Data matching for 457 and TSS visa

January 2019, 16
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The authorities published a Gazette Notice to confirm data matching between the Australian Tax Office and the Home Affairs Department. The aim is for ensuring compliance in the temporary skilled visa program.

Details of the activity


There is a provision to give biographical details of primary Subclass 457 TW Skilled Visa Holders for the previous three financial years, from 1-7-2015 to 30-6-2018, as well as of Subclass 482 TSS Visa Holders with their sponsor details to Tax Office. They will also match these details with employment and income data for the person. Afterward, they will also provide this information to the Department of Home Affairs for carrying out a review.

Obligations


The rationale of this review is to see whether visa applicants and sponsors have complied with their obligations and conditions. The sponsors need to pay the visa holder in a correct manner, and moreover, the visa holders must work for their associated entity/approved sponsor. Additionally, the visa holder has to only work in the nominated occupation.

Furthermore, in case of the existence of a discrepancy, there is a likelihood of Home Affairs taking an interest and monitoring the business. It can also conduct unplanned site visits. This will involve having a targeted approach to sponsor monitoring, and also allocating resources efficiently.

Breach of obligations


In case there is a breach of obligations, by the sponsor, there will be a set of sanctions depending on the severity of the case. This will also lead to the publishing of their details on a register. Furthermore, there are no updates on the website even after passing of one month of relevant regulations.

The visas of such holders who undertook work for other employers, as a breach of visa conditions (8107 in case of 457 visa and 8607 for TSS visa), or who ceased working for their respective sponsors are liable to be canceled. In case of beyond the limit, breaches will also lead to the cancellation of visas in Subclass 186 Employer Nomination Scheme and Subclass 187 Regional Sponsored Migration Scheme .

Conclusion


There is a hope that the Home Affairs should disclose all the findings concerning the 680,000 records affecting 280,000 persons. Finally, it is a matter of public interest to know the compliance of visa holders and organizations.

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