Right-to-work and work-eligibility checks in Australia
Reviewed by Mellow Editorial Team, HR & payroll content team
Before you pay someone, you need to confirm they have the legal right to work in Australia. Failing to do so can expose your business to civil and criminal penalties under the Migration Act 1958, regardless of whether you knew the person lacked valid work rights.
Why these checks matter
Employing an unlawful non-citizen, or allowing someone to work in breach of their visa conditions, is a strict-liability offence. "I didn't know" is not a complete defence — but conducting a reasonable, timely check and keeping records of it is. That evidence of due diligence can significantly reduce or eliminate liability if a problem is later discovered.
The checks apply to every new hire: Australian citizens, permanent residents, and visa holders alike. Treating only people who look or sound "foreign" to more scrutiny exposes you to racial discrimination claims under the Racial Discrimination Act 1975. Check everyone consistently, using the same process.
Step 1 — Collect identity documents before the start date
Ask every new employee to provide original documents that establish their identity and work entitlement. Acceptable documents fall into two broad categories:
Australian citizens and permanent residents
- Australian passport (current or expired within two years), or
- Australian birth certificate plus a government-issued photo ID, or
- Australian citizenship certificate plus a government-issued photo ID, or
- ImmiCard (for permanent residents)
Visa holders
- Passport and a copy of the visa grant letter or evidence of visa conditions
Do not accept photocopies alone at this stage. Sight the originals.
Step 2 — Verify visa holders through VEVO
For anyone who is not an Australian citizen or permanent resident, you must verify their visa status and work conditions through the Visa Entitlement Verification Online (VEVO) system, operated by the Department of Home Affairs.
VEVO is free to use. You can check as an employer directly at immi.homeaffairs.gov.au/visas/already-have-a-visa/check-visa-details-and-conditions/check-someone-elses-visa-details-using-vevo.
When you run the check, VEVO will tell you:
- The visa subclass and its expiry date
- Whether the holder has work rights, and
- Any restrictions on hours (for example, some student visas limit work to a set number of hours per fortnight while the course is in session)
Print or save a PDF of the VEVO result immediately. The timestamp matters — it is your dated evidence of the check.
Note the visa expiry date in your HR system and set a reminder to re-verify before that date. A valid visa at the point of hire can become invalid mid-employment, and your ongoing obligation continues.
Step 3 — Record and store your evidence
For every employee, create a file that contains:
- A copy of the identity documents sighted
- The VEVO result (for visa holders), with the date and time of the search
- The name of the person who conducted the check
- The date the employee started
Retain these records for the duration of employment and for at least two years after the employment ends. A secure digital HR system is preferable to paper files — documents cannot go missing, and you can produce them quickly if the Department of Home Affairs or the Fair Work Ombudsman ever requests them.
Step 4 — Ongoing monitoring for visa holders
A one-off check at onboarding is not enough for employees on temporary visas. You need a process to:
1. Track expiry dates. Diarise re-verification at least four weeks before a visa expires, so there is time to act if the employee needs to apply for a bridging visa or a new subclass.
2. Re-run VEVO when a visa is renewed or when the employee tells you their visa situation has changed.
3. Respond promptly if a visa lapses. If an employee's work rights lapse and you allow them to continue working, you are committing an offence from that point. Stand the person down (without pay, unless an award or contract requires otherwise) until valid work rights are confirmed.
If an employee is in the process of renewing a visa, they may be on a bridging visa that preserves their work rights in the interim. VEVO will reflect this — verify rather than assume.
A note on Australian citizens
You cannot verify an Australian citizen through VEVO, nor do you need to. Sighting an Australian passport or a birth certificate combined with photo ID is sufficient. Keep a copy on file. If someone claims citizenship but cannot produce documentation, you can request a Certificate of Australian Citizenship from the Department of Home Affairs, which they can obtain themselves at no cost.
Common mistakes to avoid
- Checking only visa holders. Check every new hire, every time.
- Accepting a passport copy without sighting the original. Always view originals before copying.
- Not re-checking before visa expiry. Set calendar reminders as a hard system requirement, not a best effort.
- Failing to save the VEVO timestamp. The date and time of the search is the evidence that you acted in good faith at a specific point in time.
- Conflating work rights with pay and tax obligations. A person can have full work rights and still require specific payroll treatment — for example, some visa holders have HECS/HELP obligations that must be processed through payroll under the standard banded repayment scale alongside normal PAYG withholding.
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