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ARTICLE · 19 APRIL 2017

457 visa: Franchisor or franchisee liability?

Moves may be made to extend the responsibilities of franchisors to cover immigration matters and the 457 visa program.

AustraliaImmigration

A number of recent exposés have generated extensive media attention and public commentary regarding the issue of the franchisor's role in ensuring compliance with workplace law in franchise networks. However, an equally prevalent issue that has remained largely unaddressed is the franchisor's obligation (if any) to ensure compliance with Australia's immigration laws and sponsorship obligations.Of particular relevance in this context is the 457 visa program.

The 457 visa program

In brief, the 457 visa is a temporary visa which seeks to address genuine skills shortages in the Australian labour market. The 457 visa program aims to fill short to medium term position vacancies on a temporary basis when suitably skilled Australian citizens or permanent residents cannot be found. The Migrations Regulations 1994 (Cth) (the Regulations) relevant to 457 visa holders and associated penalties aim to protect the rights of the sponsored workers without displacing employment

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