Right to Work in Australia: Employer's Guide to VEVO Checks

Right to work verification is the process of confirming that a person has a legal entitlement to work in Australia. Every person employed in Australia must either be an Australian citizen, a permanent resident, a New Zealand citizen with a Special Category Visa (subclass 444), or hold a valid visa with work rights attached.

For Australian citizens and permanent residents, right to work is inherent and ongoing—it does not expire or require renewal. For temporary visa holders, work rights are attached to their specific visa subclass and may come with conditions such as hours limitations (e.g., the 48-hour per fortnight limit that previously applied to student visa holders), restrictions on the type of work permitted, or a defined expiry date.

Employers are legally required to verify work rights before a person starts work. This obligation arises from Division 12 of Part 2 of the Migration Act 1958 (Cth), which creates a strict liability regime for employers who allow non-citizens to work in breach of their visa conditions or without a valid visa. Ignorance of a worker’s visa status is not a defence.

The primary tool for verifying work rights is the Visa Entitlement Verification Online (VEVO) system, operated by the Department of Home Affairs. VEVO provides real-time access to a person’s visa status, including their visa subclass, work conditions, and expiry date. It is the only authoritative source of visa information—relying on physical visa labels, passport stamps, or the worker’s own statements is insufficient.

VEVO (Visa Entitlement Verification Online) is a free, web-based system provided by the Australian Department of Home Affairs. It allows employers, educational institutions, and other authorised parties to check the visa status and work entitlements of non-citizens in real time.

How VEVO works: To perform a VEVO check, you need the person’s date of birth and one of the following: their passport details, ImmiCard number, or visa grant number. VEVO queries the Department of Home Affairs’ visa records and returns the current visa details, including:

• Visa subclass and stream
• Visa grant and expiry dates
• Work entitlement status (whether the person can work, and any conditions)
• Specific visa conditions (e.g., Condition 8104 — limited work hours, Condition 8105 — work limitations)
• Whether the visa is current, expired, or cancelled

Access methods: Employers can access VEVO through several channels. The most common is via an ImmiAccount—a free online account with the Department of Home Affairs. Organisations that process high volumes of checks can apply for VEVO Organisation Access, which provides a dedicated interface and the ability to manage multiple users. For automated systems, the Department offers a VEVO API (via the VEVO web service) that can be integrated directly into HR or screening platforms.

Important limitations: VEVO only provides information about non-citizens. It cannot verify the work rights of Australian citizens—citizenship must be confirmed through other means (e.g., an Australian passport, citizenship certificate, or birth certificate combined with other evidence). VEVO results are a point-in-time snapshot; a visa that is valid today may be cancelled or expire tomorrow, which is why ongoing monitoring is essential for temporary visa holders.

Refchecks automates VEVO checks as part of its right to work verification service, providing instant results with a clear summary of work entitlements, conditions, and expiry dates. This eliminates the manual effort of logging into ImmiAccount and interpreting visa conditions, and creates an auditable record of every check performed.

The Migration Act 1958 (Cth) imposes stringent obligations on employers regarding the employment of non-citizens. These obligations are set out in Division 12 of Part 2 (sections 245AA–245AX) and carry significant civil and criminal penalties for non-compliance.

The core obligation: An employer must not allow a non-citizen to work if that person does not hold a valid visa, or if working would breach a condition of their visa. This is a strict liability offence for civil penalties—meaning the employer’s intention or knowledge is irrelevant. If a non-citizen works in breach of their visa conditions, the employer is liable regardless of whether they knew about the breach.

Reasonable steps defence: The Migration Act provides an employer with a defence to civil penalty proceedings if they can demonstrate they took “reasonable steps” to verify the worker’s visa status and work entitlements before the person commenced work. Reasonable steps include conducting a VEVO check and retaining a record of the result. Simply sighting a visa sticker in a passport or asking the worker about their status is not sufficient to establish the reasonable steps defence.

Record-keeping requirements: While the Migration Act does not prescribe a specific record-keeping format, establishing the reasonable steps defence requires evidence that a check was performed and what the result was. Best practice is to retain a dated copy of the VEVO check result (or screenshot) and the consent form signed by the candidate, stored securely in compliance with the Privacy Act.

Labour hire and supply chains: The obligations extend beyond direct employment. If you engage workers through labour hire agencies or contractor arrangements, you should verify that the agency has appropriate screening processes in place. In some circumstances, the end-user employer can also be liable for illegal work, particularly if they exercise significant control over the worker’s day-to-day activities.

Verifying a person’s right to work in Australia involves different steps depending on their citizenship status. Here is a practical step-by-step guide:

For Australian citizens and permanent residents:

• Sight an original Australian passport (current or expired within the last 2 years), OR
• Sight an Australian birth certificate plus a government-issued photo ID, OR
• Sight an Australian citizenship certificate plus a government-issued photo ID, OR
• For permanent residents, run a VEVO check using their passport or ImmiCard details to confirm permanent visa status

Australian citizens have an unrestricted, ongoing right to work. No further checks are required unless you have reason to doubt the authenticity of the documents provided.

For non-citizens (temporary visa holders, bridging visa holders):

• Step 1: Collect the person’s consent to perform a work rights check, along with their passport details (country, passport number, date of birth) or ImmiCard/visa grant number.
• Step 2: Log in to VEVO via ImmiAccount (or your screening platform) and enter the person’s details.
• Step 3: Review the VEVO result. Confirm that the visa is current and that work is permitted. Note any conditions (e.g., hours restrictions, employer restrictions, occupation restrictions).
• Step 4: Save a copy of the VEVO result with a date stamp. Record the visa subclass, expiry date, and any relevant conditions in your HR system.
• Step 5: Set a reminder to re-check before the visa expiry date, or when notified of a change in visa status.

Special cases: Some visa holders have conditional work rights that require careful interpretation. For example, a holder of a Bridging Visa A (subclass 010) may have work rights if their substantive visa application included work rights, but this is not guaranteed. Student visa holders (subclass 500) may have hours limitations during study periods. Refugee and humanitarian visa holders generally have full work rights. If you are unsure about a particular visa subclass or condition, seek advice from a registered migration agent or use a screening provider like Refchecks that interprets VEVO results as part of the service.

Australia’s visa system is complex, with dozens of visa subclasses that carry different work rights and conditions. Employers do not need to memorise every visa subclass, but they should understand the major categories and common conditions that affect employment.

Unrestricted work rights:

• Subclass 186 (Employer Nomination Scheme) — Permanent visa with full work rights
• Subclass 189 (Skilled Independent) — Permanent visa with full work rights
• Subclass 190 (Skilled Nominated) — Permanent visa with full work rights
• Subclass 820/801 (Partner) — Full work rights while the visa is valid
• Subclass 200–204 (Refugee/Humanitarian) — Permanent visa with full work rights

Employer-restricted work rights:

• Subclass 482 (Temporary Skill Shortage) — The holder can only work for the sponsoring employer in the nominated occupation. Changing employers requires a new visa nomination and approval. If you are the sponsoring employer, ensure the worker is performing the nominated role. If you are a different employer, you cannot employ this visa holder without a new nomination.
• Subclass 494 (Skilled Employer Sponsored Regional) — Tied to the sponsoring employer and a designated regional area. Similar restrictions to subclass 482.

Conditional or limited work rights:

• Subclass 500 (Student) — Work rights are subject to visa conditions. Condition 8104 previously limited work to 48 hours per fortnight during study periods. Current conditions should always be confirmed via VEVO as the government periodically adjusts student work rights.
• Subclass 600 (Visitor) — Generally no work rights. The Business Visitor stream allows business-related activities (meetings, conferences) but not employment by an Australian organisation.
• Subclass 417/462 (Working Holiday) — Full work rights, but employment with any one employer is limited to 6 months unless an exemption applies. The worker is responsible for compliance, but employers should be aware of the limitation.

The safest approach is to always run a VEVO check and read the specific conditions returned for that individual. Visa conditions can vary even within the same subclass depending on when the visa was granted and the individual’s circumstances. Never assume work rights based on the visa subclass alone.

The Australian Government takes illegal work seriously, and the penalties for employers who fail to comply with their obligations under the Migration Act are substantial. The Department of Home Affairs actively investigates non-compliance and has increased enforcement activity in recent years.

Civil penalties:

• Allowing illegal work — Up to 90 penalty units per contravention for an individual, or 450 penalty units for a body corporate. As of 2026, one penalty unit equals $330, meaning a body corporate faces fines of up to $148,500 per contravention.
• Referring illegal workers — Similar penalties apply to labour hire companies or agents that refer non-citizens without valid work rights to employers.
• Civil penalties are imposed on a strict liability basis—the only defence is the “reasonable steps” defence discussed above.

Criminal penalties:

• Knowingly or recklessly allowing illegal work — Where the employer knew or was reckless as to whether the worker was an illegal non-citizen, criminal penalties of up to 2 years imprisonment and/or fines of up to 360 penalty units ($118,800) for an individual, or 1,800 penalty units ($594,000) for a body corporate, may apply.
• Exploitation — The Migration Amendment (Worker Protection) Act 2008 introduced additional offences for employers who exploit illegal workers, with penalties of up to 5 years imprisonment.

Other consequences:

• Prohibition from sponsoring visa holders in future
• Cancellation of existing sponsorship approvals
• Adverse publicity and reputational damage
• Workers’ compensation and workplace safety liability for uninsured illegal workers

The cost of a VEVO check is negligible compared to the financial and reputational risk of non-compliance. Establishing a robust right to work verification process—and documenting every check—is the single most effective way to protect your organisation from these penalties.

A pre-employment VEVO check is essential, but it is only a point-in-time verification. Temporary visa holders’ circumstances can change during their employment—visas expire, conditions change, visa applications are refused, and visas are occasionally cancelled. Ongoing monitoring is critical to maintaining compliance.

When to re-check:

• Before the visa expiry date — Set calendar reminders at least 4 weeks before a known visa expiry. If the worker has lodged a new visa application, they may hold a Bridging Visa with work rights while it is processed—but this must be confirmed via VEVO.
• When notified of a change — If a worker informs you that their visa status has changed (e.g., they have been granted a new visa, or their visa application has been refused), re-check immediately via VEVO.
• At regular intervals — For temporary visa holders, a re-check every 3–6 months is prudent practice, even in the absence of a known change. This catches scenarios where a visa has been cancelled without the employer’s knowledge.
• Before any change in role — If a temporary visa holder changes roles within your organisation, verify that the new role is consistent with their visa conditions (particularly for sponsored workers on subclass 482 or 494 visas).

Building a monitoring system: Manual diary entries and spreadsheets are common but error-prone, especially for organisations with many visa holders. A better approach is to use a screening platform that tracks visa expiry dates and sends automated alerts when re-checks are due. Refchecks provides ongoing monitoring as part of its right to work service—automatically flagging upcoming visa expiries, tracking re-check status, and maintaining a complete audit trail of every verification performed.

What to do if work rights lapse: If a VEVO check reveals that a worker’s visa has expired or been cancelled, or that their visa no longer permits work, the employer must not allow the person to continue working. Stand the worker down immediately (with pay if possible, pending clarification) and seek legal advice. In many cases, the worker may have a bridging visa application pending or be in the process of renewing their visa. The situation can often be resolved, but the employer must not allow work to continue until valid work rights are confirmed.

Demonstrating a proactive ongoing monitoring program significantly strengthens your “reasonable steps” defence under the Migration Act and reduces the risk of unknowingly allowing illegal work.