Document VEVO checks + retain employer records (s 245AYL Migration Act)
Employers should document VEVO checks at hire; statutory defence for compliant employers.
Who must comply
All Australian employers + labour-hire intermediaries.
What triggers it
Hiring a non-citizen.
When due
At hire; periodic re-check for fixed-term visas.
Evidence required
VEVO check screenshot/PDF; periodic re-verifications; passport scan if relevant.
Max penalty
Loss of statutory defence + criminal exposure for allowing illegal work
Summary
Section 245AYL Migration Act provides statutory defences for employers who undertake + document prescribed work entitlement verifications (typically via VEVO). Without documentation, employer cannot rely on defence if illegal worker prosecution arises.
Enforced by
Source legislation
Topics
Related obligations
- CWLTHVerify work rights via VEVO before employmentEmployers must verify visa work rights via VEVO before hiring non-citizens.
- CWLTHComply with Standard Business Sponsor obligations (482 + 494)Business sponsors of 482 / 494 visas must meet labour market testing, equivalent terms + record-keeping.
- CWLTHSkills in Demand visa (subclass 482) — 3 streams from 7 December 2024482 visa replaced by 3 streams: Specialist Skills, Core Skills, Essential Skills.
- CWLTHPay Skilling Australians Fund (SAF) levySponsors of 482 visa applicants pay SAF levy at nomination time.
Frequently asked questions
- Who must comply with Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- All Australian employers + labour-hire intermediaries.
- What triggers Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Hiring a non-citizen.
- When is Document VEVO checks + retain employer records (s 245AYL Migration Act) due?
- At hire; periodic re-check for fixed-term visas.
- What is the maximum penalty for Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- Loss of statutory defence + criminal exposure for allowing illegal work
- What evidence is required for Document VEVO checks + retain employer records (s 245AYL Migration Act)?
- VEVO check screenshot/PDF; periodic re-verifications; passport scan if relevant.
Source: https://immi.homeaffairs.gov.au/visas/employing-foreign-workers. Rules Mate is not a law firm. Always verify against the live regulator source before acting.