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 band | Answer 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
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
- ABF employer prosecutions — illegal work 2024 (2024): VEVO verification + sponsor obligations actively enforced; employer record-keeping defence essential.
- ABF + Border Force employer sponsor sanctions 2024 (2024): VEVO verification + sponsor obligations must be operationalised; ABF enforcement is active.
Obligations with the same applicability test
If this obligation applies to you, so do these 11: the engine uses the same rule for each.
- Pay superannuation on every payday (Payday Super)
- Report under Single Touch Payroll Phase 2
- Pay employees in accordance with the applicable modern award
- Honour employees' right to disconnect (s 333M)
- Comply with Paid Parental Leave scheme (26 weeks by 1 July 2026)
- Pay annual leave loading where the award or contract provides
- Provide 10 days personal/carer's leave per NES
- Provide 10 days paid family + domestic violence leave (FDV)
- Document VEVO checks + retain employer records (s 245AYL Migration Act)
- Provide minimum notice of termination (NES s 117)
- Right to Disconnect (s 333M FWA)
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.