• Work rights check

Work rights check

Only Australian citizens and permanent residents, and certain New Zealand citizens, have unrestricted rights to employment in Australia. All other people in Australia need to have a visa which enables them to both be in and work in Australia lawfully.

Not all visa holders in Australia have the right to work. Some visas have no work rights, such as visitor visas. Others have work rights subject to limitations, such as working holiday visas or student visas. 

Employer obligations

All employers need to check whether a person they’re employing has work rights in Australia and if so, whether their right to work is unrestricted. An employer must comply with any restrictions a visa is subject to. Failure to do so can leave the employer (and others) subject to civil and/or criminal sanctions.

To ensure compliance, employers should be checking Australian Citizenship OR non-citizen visa status before or at the time of hiring. And in the case of non-citizens “at reasonable times” throughout the employment cycle.

Confirming working rights

If you employ a large number of temporary visa holders (such as bridging, student and working holiday visa holders) it can be difficult to monitor work rights, visa expiries and changes.

As specialist corporate immigration lawyers, BDO Migration Services can assist you to mitigate the risk and maintain compliance. Our quick and efficient verification process will give you confidence that you’re acting within the law when you employ international citizens.

Steps to obtain a work rights check:

  1. Collate the applicant’s documents as outlined in the Identification Summary list below, along with a copy of the employee’s/candidate’s CV (if available)

    Identification summary:
     
    • Passport
    • ImmiCard
    • Convention Travel Document – also known as a Titre de Voyage
    • Document for Travel To Australia (DFTTA)
    • PLO56 Evidence Card.
       
  2. Email the relevant documents to [email protected].

You will be provided with easy to understand advice and guidance on each employee or candidate’s visa status and their work rights. We offer a quick turnaround.

Work rights checks can be provided to corporate clients on a fee-for-service basis or a monthly subscription cost.

More information

Find out more or talk to one of our specialists about BDO in Australia’s leading end-to-end, holistic migration services offering.