Employing people on working visas

As an employer, you are legally obligated to make sure that any employees you hire are able to work in Australia and have proof of their Australian working rights. Employers may also wish to employ and sponsor a skilled migrant should the employee not have the requisite visa.

Only Australian citizens, permanent residents and New Zealand citizens holding Special Category (subclass 444) visas generally have no working conditions placed upon them although permanent residents and New Zealanders may not be able to hold certain Federal Government positions.

However, let’s focus on those who already have a working visa. Is having a working visa enough for your business to employee them? The answer is no. Some visas have particular restrictions that could include limiting a person from working for a set period of time, for only one employer, in a set location or even limit the number of working hours per week or fortnight.

So, the first question you should ask potential new employees is can they provide proof that they are an Australian citizen or permanent resident.

If the person does not fit into those categories, you can use the free Visa Entitlement Verification Online (VIVO) platform that allows you and visa holders themselves to check their visa conditions: https://immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-conditions-online