This page summarises the compliance basics for hiring visa holders in Australia. It’s general information, not legal advice — when in doubt, speak to a registered migration agent or workplace lawyer.
The biggest cause of penalties is not visa fraud — it’s employers assuming “she’ll be right” instead of checking work rights with VEVO before each hire.
Step 1 — Verify work rights with VEVO
Before the candidate starts, run their details through VEVO. You’ll get a written confirmation showing the visa class, work conditions (e.g. hours per fortnight), and expiry date.
- Save the VEVO check on file. The Department of Home Affairs may ask for it.
- Re-check before any visa expiry shown on the original check.
- Don’t rely on a verbal “I have a working visa” — only VEVO is acceptable evidence.
Step 2 — Pay correctly
- Find the right modern award for the role.
- Pay at or above the award minimum, including loadings and penalty rates.
- Pay super on top of wages from the first dollar earned (the $450/month threshold was removed).
- Issue payslips that include hours, rates, gross/net pay, tax withheld, and super.
Step 3 — Comply with visa conditions
Some visas have work conditions you must respect — they’re your responsibility, not just the employee’s:
- Student visa (500): hours capped per fortnight during course time. Track shifts; don’t roster over the cap.
- Working holiday (417/462): usually six months max with one employer (some regional/specified-work exceptions).
- Sponsored visas (482/186/494): the worker must be employed in the nominated occupation, at the nominated location, at or above the salary threshold.
Step 4 — If you’re sponsoring
Sponsoring brings extra obligations under the Migration Act. The big ones:
- Pay at or above the Temporary Skilled Migration Income Threshold (TSMIT).
- Don’t accept payment from the sponsored worker for sponsorship — that’s prohibited.
- Pay the Skilling Australians Fund (SAF) levy.
- Notify the Department of Home Affairs of certain events (employee leaving, role change) within 28 days.
- Keep employment records for at least 7 years.
Step 5 — Anti-discrimination
You can require Australian work rights, but you can’t:
- Refuse to consider candidates based on visa class alone — only on whether the visa allows the work.
- Pay visa holders less than non-visa holders for the same role.
- Withhold leave, super, or break entitlements.
Step 6 — Common pitfalls
- Cash-in-hand — illegal. Penalties are serious.
- Holding passports — illegal. Workers must keep control of their own documents.
- Charging for the job — illegal. You cannot ask a candidate to pay anything to be employed.
- Implied threats about visa cancellation — illegal. Reporting wage theft cannot affect a visa thanks to the Assurance Protocol.