Immigration Facts For Workers From Overseas

Immigration Facts

Australian workplace laws provide basic protection and entitlements for overseas workers as well as for Australian citizen workers.

In order to work in Australia, every overseas worker must have a valid Australian visa with work rights. You can check your work and visa entitlements at the Visa Entitlement Verification Online or watch the video below for more details.

Employers are responsible for checking their overseas workers’ rights to work in Australia and may ask to see your passport or other identification. Your employer can only check your work rights if you have given them permission to do so.

Employers cannot cancel visas. Only the Department of Immigration and Border Protection (DIBP) can grant, refuse or cancel visas.

For subclass 457 visa holders, sponsoring employers:

  • Must provide their overseas workers pay and work conditions that are at least as good as other workers performing the same work at the same workplace
  • Must only employ overseas workers in their approved skilled occupation
  • Must make sure that their overseas workers do not work for other employers
  • Cannot pay workers in cash
  • Must not make deductions from workers’ pay (other than tax) without their permission.
  • Must pay the return airfare for overseas workers if requested in writing by you or DIBP.

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