There are thousands of foreign nationals living in Australia. Many arrive for studies and choose to stay on while some arrive with the purpose of migrating permanently. In most of these cases, the individual will need to find employment. These individuals will need to understand their legal right to work when seeking employment. This work eligibility meaning depends entirely on their specific visa type, duration, and conditions.
As an employer or a business owner, any employee you recruit must have the right and entitlement to work. The right to work is directly tied to the compliance documents they provide, acting as essential right to work evidence.
Remember, as a business owner, you are liable if you knowingly employ an illegal worker, knowing they are not an Australian or New Zealand citizen and are working without a visa, or in breach of their visa conditions.
Before we review the required documents, let’s go through the general eligibility to work in australia across different groups.
Eligibility and working rights in Australia
Australian citizens
Australian citizens have no restrictions placed on them working in Australia. However, a citizen may have their working rights restricted due to other factors, e.g. criminal history.
New Zealand citizens
New Zealand citizens do not need to apply for a visa to work in Australia but will usually receive a temporary one when they arrive that allows them to visit, study, stay and work in Australia. Some restrictions apply.
Permanent residents
Like Australian citizens, permanent residents have no restrictions placed on them working in Australia. A permanent resident, again like Australian citizens, may have their working rights restricted due to other factors, e.g. criminal history.
Non-citizens with a valid visa
Whether or not a prospective or current employee can work in Australia will depend on the conditions of the visa they hold. Further, their visa may restrict the type and hours per week of work they can undertake.
There are many different visas in Australia that provide a person with a right to work. Peninsula recommends you speak to a specialist migration lawyer or agent to find out more about immigration legislation.
It is your duty and obligation as an employer to ensure your employees are eligible to work in Australia. For instance, you can use the Australian government department of home affairs website which offers a Visa Entitlement Verification Online (VEVO) service to check the status of a current or prospective employee’s visa, which will tell you if they are allowed to work and any working conditions that apply.
You need to make sure the employee has a valid working visa the entire time they work for you, so check it regularly, especially if their circumstances change.
Tracking your right to work document requirements
The following items establish undeniable proof of right to work in australia during the onboarding process:
- Australian birth certificate.
- Australian citizenship certificate.
- Australian or New Zealand passport.
- Evidence of permanent residence (ie. overseas passport with VEVO check).
- Certificate of Status for New Zealand Citizens in Australia and photo identification.
- Valid visa with permission to work (not all visas allow people to work).
Obtain certified copies of any original, acceptable documents or have the original documents certified by someone authorised, like a Justice of the Peace (JP). These should always be in the employee's file and be updated if needed or if their circumstances change.
Secondary right to work documents Australia prompts
If the employee provides acceptable documentation but it is not an Australian government-issued form of photo identification, you can ask the employee to provide the following Australian-issued supporting documentation as proof of identity:
- Driver’s license.
- Medicare card.
- Enrolment to vote in Australian state or federal election.
- Tax File Number (TFN).
- References from previous employers and employment agencies.
- Tenancy agreements or home ownership details.
- Tertiary qualifications and trade certificate.
- Change of name certificates.
These documents alone do not allow a person to legally work in Australia. They must only serve as supporting documentation along with any of the documents mentioned in the Proof of Right to Work section. Otherwise, they will still be considered an illegal worker in Australia.
Right to work checks
Executing a rigorous right to work check australia wide confirms the vital question: am i legally authorised to work in Australia for this specific enterprise? The check is a very crucial part of employment as an employer can face infringements or civil penalties if they allow an individual to work without the necessary entitlements. Ignorance of the employee’s legal status is not an excuse for employers.
A Right to Work Check is beneficial for employees too as it stipulates that all minimum wage, working conditions and fair treatment are applicable to them.
For more comprehensive onformation, contact the expert Peninsula team.
The information in the above article has been compiled on the basis of general information current at the time of publication. Please note that the contents of this article and website and any information provided by our Fair Work Help Line do not constitute legal advice and are not intended to be a substitute for legal or other professional advice and should not be relied upon as such. Your specific circumstances or changes in circumstances after publication may affect the completeness or accuracy of this information. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have. To the maximum extent permitted by law, we disclaim all liability for any errors or omissions contained in this information or any failure to update or correct this information. It is your responsibility to assess and verify the accuracy, completeness, currency and reliability of the information on this website, and to seek professional advice where necessary. Nothing contained on this website is to be interpreted as a recommendation to use any product, process or formulation or any information on this website. For clarity, Peninsula does not recommend any material, products or services of any third parties.