5 Things To Know When Hiring Visa Holders

  • Check their immigration status/work rights at least every 3 months

It is an offence to employ someone who does not have work rights or who is unlawful. If you employ a visa holder, you are responsible for regularly checking their work rights. At a minimum, you should undertake a Visa Entitlement Verification Online (VEVO) check every 3 months - more frequently if you know someone’s visa may expire, be cancelled or similar. 

You can do this by registering for a VEVO account and checking immigration status using their passport details, or you can request a VEVO check done by the visa holder themselves. You should retain records of these checks. 

  • WHV holders are limited to 6 months with each employer (even if subcontractor)

Exceptions to this include if the employee or subbie is working in different locations and work in any one location doesn’t exceed 6 months. Other exceptions can be found on the DHA website.

  • Currently student visa holders can work more than 40h/fortnight 

This is a temporary measure due to the pandemic and labour shortages. It is current at the time of writing and will be in place “until further notice”. Any employer taking advantage of this concession should monitor this to ensure they know when it ends.

You can find more info about this here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/student-500/temporary-relaxation-of-working-hours-for-student-visa-holders 

EDIT (NOV 2022): THE GOVT HAVE CONFIRMED THIS CONCESSION IS DUE TO END 30 JUNE 2023.

  • Primary 482/457/494 visa holders are restricted to work only for their sponsor

They must work full time for their sponsoring employer, and ONLY for their sponsoring employer (this means no second jobs). To employ a primary 482, 457 or 494 visa holder you must apply to take over their sponsorship and they can only commence work with you once that is approved. Secondary visa holders, such as partners, have unrestricted work rights. 

  • Everything FairWork applies to visa holders too

Work conditions apply to visa holders in the same way as they do to citizens. All people working in Australia have the same basic workplace rights and protections, regardless of citizenship or visa status. Contracts or agreements cannot take away rights. Under Australian workplace laws, the Fair Work Ombudsman protects and enforces the rights of visa holders.

If you have any questions about the above, or about immigration in general, feel free to reach out.

Please note, the above is not legal advice, and does not create a legal relationship with Visa Sidekick. 

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