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Who must verify work rights via VEVO before employment?

The applicability test for Verify work rights via VEVO before employment (Home Affairs (SOCI)), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has employees.

What the obligation is

Employers must verify visa work rights via VEVO before hiring non-citizens.

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.

The applicability test

Applies when the business has employees.

How the regulator frames it: All Australian employers (and labour hire intermediaries).

What triggers it: Considering or employing a non-citizen.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (35 of 35: depends on size or structure).

The answer is the same in every industry: depends on size or structure. Industry does not change who must comply.

Business structure and size

Structure does not change the answer across all industries: for every structure the answer is "depends on size or structure".

Size bandAnswer across all industries, any structure
No employees (turnover $100K–$1M)No
1–5 employees (turnover $100K–$1M)Yes
6–19 employees (turnover $1M–$3M)Yes
20–99 employees (turnover $3M–$10M)Yes
100–499 employees (turnover $10M–$100M)Yes
500+ employees (turnover $100M–$1B)Yes

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: applies. You have employees (6–19)
  • Pty Ltd company in real estate agents with no employees, turnover $100K–$1M: does not apply. Requires employees.

What you must do, and when

When due
Before commencement; periodic re-checks for fixed-term visas.
Frequency
Ongoing
Evidence to keep
VEVO check records, copies of visa grant notices, employer-arranged checks logs.
Status
Current
Priority
High

Penalty for not complying

Maximum penalty: Up to 5 years imprisonment + fines; sponsor sanctions; civil penalties.

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Enforcement examples

Obligations with the same applicability test

Where it sits in the corpus

Rules Mate tracks 5 published obligations tagged "migration", 3 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 2 of those apply outright. This obligation is rated high priority and carries criminal liability, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Cyber and Infrastructure Security Centre — Department of Home Affairs.

Home Affairs (SOCI): Administers the Security of Critical Infrastructure Act 2018 — registration, risk management programs, and mandatory cyber incident reporting for critical infrastructure assets.

Migration Act 1958: Federal migration regulation.

Free tools that help with this obligation:

Questions

Who must verify work rights via VEVO before employment?
Applies when the business has employees.
Do sole traders need to verify work rights via VEVO before employment?
Depends on size or structure. Across every industry and every size band, the engine's answer for a sole trader is: depends on size or structure.
Do businesses with 1–5 employees need to verify work rights via VEVO before employment?
Yes (1–5 employees, turnover $100K–$1M).
When is "Verify work rights via VEVO before employment" due?
Before commencement; periodic re-checks for fixed-term visas.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.