Can You Work in Australia Legally? – A Guide for Employers
This post reflects the legal landscape as of the date of publication. Laws may have changed since then. Please consult a legal professional for current information and personalised advice.
As an employer, it is crucial that you ensure all individuals you employ, refer and contract are legally allowed to work in Australia. Australian citizens, permanent residents and New Zealand citizens are not the only type of legal workers. Temporary visa holders may have the right to work in Australia but it is your responsibility to take reasonable steps, at reasonable times, to confirm if a non-citizen is allowed to work and what if any conditions affect their right to work.
Employers found to have employed a non-citizen (visa holder) who does not have permission to work or is in breach of their visa conditions could face penalties of up to AUD3,780 to AUD126,000 per illegal worker. These penalties are dependent on the seriousness of the infringement and whether you are an individual or corporate body. So, how to check:
Australian citizens, permanent resident and New Zealand citizens.
Typically, a single check confirming citizenship or permanent resident status is all that is required to meet your obligations but that is up to you and your HR adviser to decide:
To confirm Australian or New Zealand citizenship an employer can sight:
- Australian or New Zealand passport
- Australian birth certificate and a form of photo identification
- evidence of Australian citizenship and form of photo identification
- certificate of Status for New Zealand citizens in Australia and a form of photo identification.
To confirm permanent resident status, an employer can sight:
- certificate of permanent resident status and a form of photo identification
- a passport issued by the government of another country along with a check using Visa Entitlement Verification Online (VEVO).
Everyone else
The government offers a free online service: Visa Entitlement Verification Online (VEVO). Employers can either check a person’s visa details by registering for VEVO as an organization or alternatively, can ask the worker to send their visa details directly to them by using the VEVO email function.
To send a prospective employer visa details, the visa holder will need to access VEVO for Visa Holders. To gain access, visa holders must ensure that they have:
- Their passport or Immicard Details and
- One of the following
- Transaction Reference Number (TRN)
- Visa grant number
- Visa evidence number
From this, users will simply need to use the ‘Send email’ function when the visa details are shown.
VEVO allows employers to see the type of visa the person holds, whether there any restrictions on their working rights, when the visa was granted and when it will expire. It must be noted that the employer must first handedly check VEVO themselves. Viewing a copy of VEVO results presented by a third party or a printed copy is unreliable.
When it can be satisfied that there are no working restrictions attached to their visa, employers can rest assured that it is lawful to employ them. However, employers must conduct continuous checks on the status of their visa when the visa holder’s circumstances change. If the worker is holding a bridging visa which contains no expiry date, it is recommended that checks be conducted every three months.
This information is general in nature. An employment lawyer should be consulted to learn the totality of your employment law obligations. This blog has been written to provide a general overview of the current legal framework and you should not rely on the content posted within.