Work Rights/Permission to Work

What is work?

The Migration Legislation defines work as "an activity that, in Australia, normally attracts remuneration"; this means that any activity that normally attracts payment, irrespective of whether you are paid or given some other kind of reward is deemed to be work.

Who has the right to work in Australia?

As a general rule, only Australian citizens, Australian permanent residents - ie, migrants who are not yet Australian citizens - and New Zealand citizens who have entered Australia on a valid passport, have unrestricted rights to employment in Australia. Any other foreign national who wants to work in Australia must have a temporary visa that allows employment.

People working illegally may have their visas cancelled and be subject to immediate removal from Australia. They can also be precluded from coming back to Australia for periods of up to three years.

When you apply for a job, employers and labour suppliers will be asking you to prove that you have the right to work in Australia before they give you the job. Be prepared to show them your passport and your valid visa stating your work rights.

Who can you employ in Australia?

This website offers assistance to Australian employers in their dealings with people already in Australia who MAY have the right to work while they are here.

People who hold an Australian permanent visa are entitled to work. People who hold an Australian Temporary Resident visa may or may not have the right to work. For example people on Visitor visas are not entitled to work in Australia. An employer needs to check a visa holder's work rights to ensure that they employ people who have the right to work in Australia.

A Guide on Work Rights entitled 'Don't give a job to an illegal worker' is designed to help Australian employers check the work rights of people visiting Australia, and offers information about the issue of illegal workers in Australia.

Can I work in Australia?

If you want to come to Australia and work, it is important to obtain a visa that allows you the right to work. Visitor visas do not allow you to work. Those wanting to visit and work should consider the Working Holiday program, or another visa that allows work. Working without permission is an offence that attracts a fine of up to $10,000. It can also result in your visa being cancelled and your holiday cut short.

Can I work while holding a visitors visa?

If you hold a visitor visa you DO NOT have permission to work in Australia. Penalties apply to holders of a visitor visa who do not abide by the 8101 'no work' condition, including cancellation of your visa and removal from Australia.

How do I prove to an employer that I have permission to work in Australia?

When you apply for a job, employers and labour suppliers will be asking you to prove that you have the right to work in Australia before they give you the job. Be prepared to show them your passport and your valid visa stating your work rights.

What happens if I work without permission?

If you work without work rights you commit an offence against the Migration Act 1958. Your visa may be cancelled, you could be held in an Immigration Detention Centre until your departure and you could be fined up to $10,000.

How do I have a working holiday in Australia?

Australia's Working Holiday scheme aims to promote international understanding through helping young people experience the culture of another country. It allows Working Holiday makers to have an extended holiday by supplementing their travel funds through incidental employment, and experience closer contact with a local community.

Only citizens of arrangement countries are eligible to apply for Working Holiday visa.

How many hours may overseas students work?

As an overseas student in Australia, you should have enough money to support yourself and your family for the entire time that you are studying. You are not automatically given the right to work once you are in Australia. If you do need to get a job while studying, you will need to apply for and get a new student visa with permission to work attached as a condition of that visa.

Students and dependents can only apply for a visa with work rights after they arrive in Australia and the student has begun studying. There is an application charge for a student visa with permission to work.

If a student visa with work rights is granted, you will only be allowed to work for 20 hours a week while the course you are studying is in session unless that work is a registered component of the course. However, you can work for longer periods during your holidays.

Dependants of student visa holders may generally work up to 20 hours a week while in Australia.

The money you earn from working in Australia should only supplement your income and not be your only source of income.

How do I employ someone from overseas on a temporary basis?

The temporary residence program allows employers to overcome temporary skilled labour shortages by recruiting key personnel from overseas, for a period of up to four years.

Many people enter Australia on a temporary basis, for a range of specialised purposes under the temporary residence program, which may require sponsorship or nomination from the employer in Australia. In all cases the programs are designed to allow overseas people to come to Australia for specific purposes which will result in some benefit to the Australian community.

Visas are available under arrangements for:

• sponsorship by an Australia or overseas business - If your business is unable to meet its skill needs from within the Australian labour force, you can sponsor personnel from overseas on a temporary basis, to work in Australia for up to four years.

• labour agreements - a formal agreement negotiated between the Australian Government, employers (including industry or employer associations) and other interested parties (for example, unions or professional associations).

• regional headquarters agreements - for overseas companies that plan to establish their headquarters for the Asia-Pacific region in Australia.

• service sellers - for representatives of overseas suppliers of services negotiating, or entering into, agreements to supply their services in Australia.

What if the employee I sponsored on a temporary visa leaves my business?

You should immediately inform your nearest Business Centre and provide whatever details you have of your former employee's whereabouts.

What if a person applies for a position with my company and provides what appears to be a valid business long stay temporary residence visa?

If you were not the person's original sponsor they will not have permission to work for you. You will need to contact your nearest Business Centre to apply for sponsor status. The person cannot start working for you the application has been approved.

How do I employ someone from overseas on a permanent basis?

If your recruitment requirements will call for the employment of overseas personnel on a permanent basis you may sponsor a skilled person from overseas under the following schemes:

• Employer Nomination Scheme (ENS) - The ENS has been developed for Australian employers to recruit, on a permanent basis, highly skilled staff from overseas or temporary residents currently in Australia, when they have been unable to fill a vacancy from within the Australian labour market or through their own training programs.

• Regional Sponsored Migration Scheme (RSMS) - The RSMS enables Australian employers in regional or low-growth areas to fill skilled permanent vacancies with overseas personnel if they cannot find suitably qualified workers in Australia.

• Labour Agreement (LA) - LA's are negotiated agreement with employers, which allows recruitment of an agreed number of overseas skilled workers subject to certain conditions. The agreements provide for the permanent or temporary entry of workers with skills in demand in certain industries.

• Regional Headquarters Agreements (RHQ) - RHQ agreements provide for both permanent and temporary entry, but the booklet only provides information relating to permanent entry. RHQ agreements provide streamlined immigration arrangements to organisations that the Minister for Industry, Science and Resources has determined as being a company managing functions that support an international operation.

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