Rules for non-compliant employers (immigration non-compliance)

At a glance

MBIE maintains a list of employers who are non-compliant because they have been issued infringement notices or court‑ordered penalties under the Immigration Act 2009. [A-appendix-18-rules-for-non-compliant-employers-immigration-no] An employer on this list faces a stand‑down period during which they cannot support migrant worker visa applications that require employer sponsorship. The length of the stand‑down depends on the enforcement action and, in some cases, the dollar amount of penalties imposed.

Definition

An employer is non‑compliant for immigration purposes when:

• an immigration officer issues them an infringement notice for an offence under the Immigration Act 2009; or
• a Court orders a penalty (including a conviction resulting in imprisonment or home detention) for offences against the Immigration Act 2009. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]

All forms of legal entities — companies, individuals, sole traders, partnerships, and others — can be treated as non‑compliant employers. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]

Stand‑down periods for immigration non‑compliance

The following table summarises the stand‑down periods that MBIE applies when an employer breaches the Immigration Act 2009. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]

Enforcement action	Stand‑down period
Infringement notice for an employment infringement offence under section 359A of the Immigration Act 2009	• 6‑month stand‑down for a single notice. • Each subsequent notice adds a further 6 months. • Maximum 12 months for multiple notices issued at the same time.
Penalties ordered by a Court for offences under these sections of the Immigration Act 2009: 342(1)(a), 343(1)(d), 344(d), 347, 350(1), 359A(1)(a), 359A(1)(b), 359A(1)(c)	Penalties (fine amounts): • Up to and including $1,000 (individuals and body corporates/other entities): 6 months. • Over $1,000 but under $10,000 (individuals and body corporates/other entities): 12 months. • $10,000 to under $25,000 (individuals and body corporates/other entities): 18 months. • $25,000 and above (individuals and body corporates/other entities): 24 months. Convictions for offences under 343(1)(d) and 344(d) resulting in imprisonment or home detention: permanent stand‑down.
Conviction for serious criminal offences under sections: 343(1)(a), 345, 348, 342(1)(b), 351	Permanent stand‑down.

Note: The stand‑down begins from the date the infringement notice is issued or the penalty is ordered. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]

Application in decisions

Immigration officers must treat the MBIE list of non‑compliant employers as evidence of whether an employer is non‑compliant under these rules, but they may also consider other information. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]

An employer subject to a stand‑down is ineligible to support visa applications that require employer sponsorship for the duration of the stand‑down. This affects work visas, residence visas and any other immigration pathway where a supporting employer must be on a compliant list.

Interpretation & edge cases

• Clean Slate Scheme: For a permanent stand‑down arising from a conviction under sections 343(1)(d) or 344(d) (imprisonment/home detention) or from a conviction for serious criminal offences (343(1)(a), 345, 348, 342(1)(b), 351), the stand‑down and publication on the non‑compliant list cease if the employer becomes an eligible individual under the Clean Slate Scheme (Criminal Records (Clean Slate) Act 2004). [A-appendix-18-rules-for-non-compliant-employers-immigration-no]
• Multiple infringement notices: Each subsequent infringement notice lengthens the stand‑down by 6 months, but if multiple notices are issued at the same time, the total stand‑down is capped at 12 months. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]
• Penalty amounts: The stand‑down tiers apply uniformly to individuals and entities, based on the total dollar amount ordered by the court in a single case. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]
• Other evidence: An immigration officer is not limited to the MBIE list; they may consider other relevant evidence when deciding if an employer is non‑compliant, even if the employer is not yet on the list. [A-appendix-18-rules-for-non-compliant-employers-immigration-no]

Citations

• A-appendix-18 — Rules for non‑compliant employers (immigration non‑compliance)