Businesses, visa applicants caught up in 'cash-for-visa' scheme

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Source: SBS

An investigation by the Australian Border Force has uncovered an alleged scam that involves employers offering false work reference in exchange of money to support permanent residency applications of temporary migrants.


Dozens of visa applicants from India are among those facing visa refusal and a three-year ban on applying for any Australian visas after they have been caught up in an alleged ‘cash-for-visa’ scheme involving the Job Ready Program that allows applicants to get points for work experience. But instead of receiving wages for work, visa applicants were allegedly paying the business to secure skills assessment for permanent residency.

Australian Border Force investigators and Australian Federal Police carried out surveillance outside a motor vehicle repair business that offers the job ready program in Dandenong, in Melbourne’s southeast, earlier this year which showed “minimal customer traffic” entering the premises and the front gates remained closed up until midday on one of the two days that investigators monitored the business.

The investigators then executed search warrants, uncovering a scheme that allegedly required applicants to pay their employer thousands of dollars for work experience program and pay for their own salaries before the employer transferred the supposed wages to their bank accounts.
ABF officers seized a large number of signed documents titled ‘Payment Agreement’ for multiple visa applicants. The Department of Home Affairs said these documents falsely appeared as sale contracts for vehicles as they did not contain any vehicle registration numbers, but were contracts for applicants agreeing to pay the business for work experience. Some of the contracts referenced ‘JRP’ which the Department officers believe meant the ‘job ready program’.      

According to the Department of Home Affairs, ABF officers saw multiple non-citizens going to the workshop, some of whom were carrying sums of cash. It said an applicant undertaking work experience at the business told investigators that they paid monthly cash payments and their wages were self-paid.  

The DHA claims bank statements of the business showed numerous cash deposits made a day before the wages were paid out to the employees.
The Australian Border Force said attempts to exploit Australia’s skilled visa programs would not be tolerated.

"It is unlawful for persons to ask for, receive, offer or provide a benefit in exchange for a sponsored work visa arrangement. This applies to temporary work sponsored and permanent skilled employer nominated visas," a spokesperson for the ABF told SBS Punjabi. 

The spokesperson said the ABF maintains a publically available register of employers who breach their sponsorship obligations. 

"Public disclosure aims to deter other sponsors from breaching their obligations and protects foreign workers from exploitation by enabling them to inform themselves about working for a potential sponsor."

Melbourne Migration agent Jujhar Bajwa says several visa applicants have been issued notices by the Department of Home Affairs following this investigation.

“It happens because some employers exploit the desperation of migrants to become permanent residents.

“It’s the replay of 2008-09 when over a thousand visa applicants found themselves in this situation after a trades college teacher was found guilty of forging false work experience. But the question should be asked of the government why is it allowed to happen again and again,” Mr Bajwa says.

In 2011, Melbourne man Carmine Amarante was jailed over a scam in which he created hundreds of false work reference letters to facilitate international students obtain permanent residency. He admitted creating 777 false documents and had paid employers.

Mr Bajwa, who is representing visa applicants affected by the latest investigation, says it may be difficult, but applicants should walk away if the employer demands money for work experience.

“You may think others are getting away with this, but you never know when the law is going to catch up with you,” he says.

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