Verify work rights via VEVO before employment
Employers must verify visa work rights via VEVO before hiring non-citizens.
Who must comply
All Australian employers (and labour hire intermediaries).
What triggers it
Considering or employing a non-citizen.
When due
Before commencement; periodic re-checks for fixed-term visas.
Evidence required
VEVO check records, copies of visa grant notices, employer-arranged checks logs.
Max penalty
Up to 5 years imprisonment + fines; sponsor sanctions; civil penalties
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Section 245AK of the Migration Act 1958 makes it an offence for an employer to allow a non-citizen to work in breach of work-related visa conditions. VEVO (Visa Entitlement Verification Online) provides real-time verification. From 1 July 2024, employer sponsor offences include strengthened protections for sponsored workers and DAMA-style accountability.
Enforced by
Source legislation
Topics
Related
- CWLTHDocument VEVO checks + retain employer records (s 245AYL Migration Act)Employers should document VEVO checks at hire; statutory defence for compliant employers.
- CWLTHSkills in Demand visa (subclass 482) — 3 streams from 7 December 2024Subclass 482 (Skills in Demand) nominations are made in one of 3 streams: Specialist Skills, Core Skills or Labour Agreement.
- CWLTHComply with Standard Business Sponsor obligations (482 + 494)Business sponsors of 482 / 494 visas must meet labour market testing, equivalent terms + record-keeping.
- CWLTHPay Skilling Australians Fund (SAF) levySponsors of 482 visa applicants pay SAF levy at nomination time.
Frequently asked questions
- Who must comply with work rights via VEVO before employment?
- All Australian employers (and labour hire intermediaries).
- What triggers work rights via VEVO before employment?
- Considering or employing a non-citizen.
- When is work rights via VEVO before employment due?
- Before commencement; periodic re-checks for fixed-term visas.
- What is the maximum penalty for work rights via VEVO before employment?
- Up to 5 years imprisonment + fines; sponsor sanctions; civil penalties
- What evidence is required for work rights via VEVO before employment?
- VEVO check records, copies of visa grant notices, employer-arranged checks logs.
Source: https://immi.homeaffairs.gov.au/visas/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.