This article is for Australian employers who want to understand the general requirements, responsibilities, and resources related to employing visa holders, migrant workers, or overseas skilled workers.
Important
Workinitiatives does not provide migration, legal, or sponsorship advice.
Employers should refer to official Australian Government resources or speak with a registered migration agent or qualified professional if they need advice about hiring or sponsoring visa holders.
Employers can hire visa holders in Australia if the person has a valid visa that allows them to work.
Can employers hire visa holders?
Yes. Some visa holders have permission to work in Australia.
Employers may be able to:
hire visa holders who are already in Australia and have work rights
sponsor skilled workers who are already in Australia
sponsor skilled workers to come to Australia for work
The type of work a visa holder can do depends on their visa type and visa conditions.
What should employers check?
Before hiring a visa holder, employers should confirm that the person has the legal right to work in Australia.
Some visa holders may have work restrictions, such as:
only being able to work for a specific employer
only being able to work in a certain location
limits on the number of hours they can work
limits on how long they can work for one employer
visa expiry dates or other visa conditions
Employers should check a worker’s visa conditions before they start work and may need to check them again during employment.
Common visa holder employment situations
1. The candidate already has a visa with work rights
Some visa holders can already work in Australia.
Before engaging the candidate, check their visa details and conditions through VEVO or through a Workinitiatives work rights check.
You should confirm:
the person’s current visa status
whether the visa allows work
whether work restrictions apply
whether the visa is still valid
whether the work fits the visa conditions
2. The candidate has a visa but may not currently have work rights
Some people may be in Australia on a visa that does not allow them to work, or only allows limited work.
In this situation, the employer should not assume the person can start work.
The employer should check the person’s visa conditions and, if required, seek advice from a registered migration agent or legal professional.
3. The employer wants to sponsor a skilled worker
Some skilled workers may need employer sponsorship to work in Australia.
The Department of Home Affairs explains that employers who want to sponsor a skilled worker generally need to become an approved sponsor and/or nominator, depending on the chosen visa option.
Sponsorship requirements depend on the visa pathway, the occupation, the role, the business, and the worker’s circumstances.
Employers should review the official Department of Home Affairs sponsorship information and seek professional migration advice before starting the sponsorship process.
4. The worker is already sponsored by another employer
Some sponsored visa holders may only be able to work for their approved sponsor.
If a visa holder is already sponsored by another employer, they may not be able to work for your business unless the correct sponsorship, nomination, or visa process is completed.
Check the visa conditions and seek professional advice before offering work.
How to check a visa holder’s work rights
Employers can check visa details and conditions using VEVO, which stands for Visa Entitlement Verification Online.
VEVO allows visa holders, employers, education providers, and other organisations to check visa details and conditions. VEVO can show the visa type, expiry date, period of stay, and visa conditions.
Employers can also use Workinitiatives work rights check tools to request information from an applicant or employee and receive a report based on the person’s work rights and visa conditions where applicable.
Workplace rights for visa holders and migrants
Visa holders and migrant workers have workplace rights in Australia.
Employers must comply with Australian workplace laws, including laws relating to:
minimum pay
conditions of employment
leave entitlements
protections from unlawful workplace conduct
record keeping
payslips
workplace safety obligations
The Fair Work Ombudsman states that workplace laws in Australia generally apply equally to all workers employed in Australia, and employers engaging foreign workers must comply with both Australian workplace laws and immigration laws.
Useful official resources
Use official government resources to check current requirements.
Resource | What it helps with |
Department of Home Affairs — Employing overseas workers | Information about employing overseas workers and checking work rights |
Department of Home Affairs — Explore options for employers | Information about visa options for employers |
Department of Home Affairs — Learn about sponsoring | Information about employer sponsorship |
Department of Home Affairs — VEVO | Checking visa details and conditions |
Fair Work Ombudsman — Visa holders and migrants | Workplace rights and protections for visa holders and migrant workers |
ImmiAccount | Managing certain visa and sponsorship applications |
Important
Do not rely only on what a candidate tells you about their visa.
Always check the person’s current visa details and conditions before they begin work.
Visa conditions can change, so employers may also need to check work rights periodically throughout employment.
Useful resources
Department of Home Affairs — Hiring workers in Australia
Department of Home Affairs — Sponsoring workers
VEVO — Check visa details and conditions
Fair Work Ombudsman — Visa holders and migrant workers
To check workers rights, click the link below to be directed to VEVO.