Crack Down on Visa Scams: Protection, Partner and Employer Sponsorship Fraud to Face Deportation, Imprisonment and Criminal Prosecution

Australia has escalated its crack down on visa scams, with the Department of Home Affairs confirming increased enforcement against the misuse of Protection visas, Partner visas, and Employer Sponsored visas. Authorities have made it clear that organised visa fraud; often facilitated by unregistered companies; is now a major compliance priority nationwide.

Visa pathways designed for humanitarian protection, family unity, and genuine labour shortages are not lawful shortcuts to remain in Australia.

(1) Protection Visa (Subclass 866) Misuse

The Protection visa remains one of the most heavily scrutinised visa categories.

Home Affairs has confirmed that non-genuine protection claims are being lodged by applicants coached to fabricate or exaggerate persecution narratives, often to obtain a Bridging Visa with work rights. Many of these claims originate from temporary visa holders, including Working Holiday visa holders, with no genuine basis for protection. Trend emerged that a lot of Working Holiday Visa holders from Indonesia, Temporary visa holders, Tourist visa holders from the Philippines are among the top nationalities misusing this visa or, overstaying in many instances.

False protection claims are routinely detected and result in:

• Visa refusal or cancellation

• Detention and removal

• Long-term exclusion from future visas

• Criminal investigation where organised fraud is involved

These claims delay processing for genuine refugees and undermine Australia’s humanitarian program.

(2) Partner Visa Scams: Non-Genuine Relationships

Compliance activity has also increased around Partner visa fraud, particularly where relationships are entered into primarily for migration advantage.

Common indicators include:

• Temporary or visitor visa holders pursuing non-genuine relationships to avoid departure

• Australian citizens or permanent residents being misled, pressured, or financially induced

• Manufactured evidence of shared living, finances, or commitment

The Department has made clear that Partner visas are not an alternative to skilled migration. Where deception is identified, applications are refused, visas cancelled, and both applicants and sponsors may face penalties, removal, or future bans. Trend emerged that a lot of Working Holiday Visa holders from Indonesia, South American countries and Temporary visa holders, Tourist visa holders from the Philippines are among the top nationalities misusing this visa and aiming to make a transition through fake partner visa, sponsorship or, by alluring and Australian citizen.

(3) Employer Sponsorship Visa Scams

Employer Sponsored visas have also been identified as a target for fraud, including arrangements where:

• Jobs do not genuinely exist

• Applicants pay employers for sponsorship

• Work duties do not match the nominated occupation

• Businesses are established solely to facilitate visas

Home Affairs actively audits sponsoring employers and investigates applicants involved in non-genuine arrangements. Consequences include visa cancellation, employer sanctions, civil penalties, and criminal prosecution.

Paying for sponsorship or participating in a fake employment arrangement is unlawful.

Report Visa Scams and Migration Fraud

The Department of Home Affairs urges anyone with information about visa scams, fake applications, sham relationships, or unlawful sponsorship arrangements to report them through official government channels. Reports can be made anonymously.

• Border Watch - Official Reporting Channel: https://www.homeaffairs.gov.au/about-us/what-we-do/borderwatch/reporting

• Visa Scams Information and Reporting: https://immi.homeaffairs.gov.au/help-support/visa-scams/reporting

A Clear Message

Australia’s position is firm:

• Fake protection claims will be refused

• Non-genuine partner visas will be detected

• Fraudulent employer sponsorship will be prosecuted

• Deportation and long-term exclusion are real consequences

Integrity is central to Australia’s migration system and enforcement is increasing.

At Newsted, we acknowledge the Traditional Custodians of the land on which we work and live, and pay our respects to Elders past and present. We extend that respect to all Aboriginal and Torres Strait Islander peoples today.