The process of hiring overseas workers or visa holders in Australia can be both rewarding and complex. To ensure you are fully informed and compliant with Australian employment and immigration laws, we’ve prepared a short guide with tips on managing the hiring process of visa holders.
A person can legally work in Australia if:
- they are an Australian citizen or permanent resident or a New Zealand citizen, or
- they hold a valid visa with permission to work
There are two ways you can employ an overseas worker:
- employ a non-citizen already in Australia whose visa allows them to work
- sponsor a skilled worker who lives overseas or temporarily in Australia for a work visa on a permanent or temporary basis
Step 1: Check the person’s Australian immigration status
It is important to confirm whether the candidate is eligible to legally work in Australia. Employees that fall into one of the following categories can work in Australia without restrictions, in accordance with Australian employment law:
- Australian citizen
- Australian permanent resident
- New Zealand citizen
Employees with a valid visa may also be eligible to work in Australia, provided their visa permits employment. Follow these steps to confirm their work rights:
- Request the person to email their current visa details from VEVO
- Use the free online service VEVO to check the person’s visa status
VEVO will provide essential information such as:
- Visa start and expiry dates
- Work restrictions (if any) on the visa
It is your responsibility to check the conditions of your employees’ visa for any requirements you need to meet as the employer.
You should hire someone only if their visa has started, has not expired or been cancelled, and does not include “No work” condition. Ensure that the type of work aligns with their visa conditions, and if applicable, they do not exceed the maximum hours specified in their visa conditions. For example, they may be restricted to a single employer for a limited time, a maximum weekly working hours limit, a specific work location, or a particular occupation/job.
VEVO allows visa holders, employers, education providers, and other organisations to check visa conditions.
Step 2: Ensure the visa holder maintains a valid work visa while they work for you
As an employer, it’s your responsibility to ensure that your overseas workers or visa holders have a valid work visa throughout their employment with you. Regularly check their visa status:
- at least within two days of the visa expiry date
- whenever there are changes in their circumstances
In cases where a bridging visa is held, and VEVO does not display a visa expiry date, it is generally suggested to conduct checks every three months to confirm their work rights. You can request the employee to provide their visa details from VEVO or independently verify using the VEVO system.
Step 3: Understand your responsibilities
Remember that all workers in Australia, including overseas workers, have basic rights and protections in the workplace, including minimum pay and conditions. As an employer of an overseas worker, you must comply with all Australian immigration and workplace laws.
You should familiarise yourself with your responsibilities as an employer to ensure you provide a safe and fair working environment for everyone. You can find more information on visas holders and migrant workers workplace rights here
If you are sponsoring a visa holder, you have additional sponsorship obligations. Please refer to the link here.
At Migration Affairs, we are here to assist you with the immigration and visa aspects of hiring an overseas worker. If you have any questions or need further guidance, please do not hesitate to reach out to our experienced team.
Your success in this journey is our success.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
