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Visa holders, know your work rights in Australia

Visa holders, know your work rights in Australia

Visa holders, know your work rights in Australia

There are currently 10.5 million people of working age in Australia and out of these 2 million are temporary visa holders.

It can be tricky to understand which visas offer working rights.  Don’t forget pay rates and conditions are governed by Australian law and the Fair Work Ombudsman exists to help those who feel aggrieved or unfairly sacked.  An employer cannot cancel a visa only the Department of Immigration and Border Protection have the powers to do this.  An employer has a duty to keep records showing they are complying with sponsorship obligation and spot checks can be carried out at any time.

Australia provides an enviable lifestyle with plenty of well-paid jobs, so it’s no surprise that people want to work in this country.

Visa Solutions Australia can help you to decide which visa is best suited to your needs, but here’s a brief guide: 

457 visa holders and dependents

457 visa holders are sponsored by employers and can expect the same rights and salaries as their Australian citizen counterparts.  They must work in that sponsored role.  If a contract is terminated, the Department of Immigration must be informed.  They then have 90 days to find another sponsored role or move onto another visa.  457 visa holders can include family members in their application and they too have full work rights in Australia, but if the main visa holder loses their job, the dependent 457 visa may be subject to cancellation.

Student visas

Student visas are valid for the duration of a course or study in Australia.  Most student visas allow the holder to work 40 hours a fortnight (averaging 20 hours a week) during semester and full time during any college/university breaks.  Parents looking after school aged children on student guardian visas have no rights to work. If student visa holders don’t show up to study the visa can be cancelled.

Graduate temporary visas

Once a student completes their course, they may be eligible for a graduate temporary subclass 485 visa. This means you can have between 18 months and two years of stay in Australia with full work rights.  This added time in Australia, is meant to give graduates time to gain Australian work experience in their relevant field of study. It’s a known fact that many students who graduate try to obtain permanent residency or some go on to more study.

Visitor visa

A visitor visa essentially allows individuals to visit Australia and look at business opportunities while they are in this country, but it doesn’t offer any working rights.  This visa is a way of exploring what Australia has to offer in terms of lifestyle and employment opportunities.

Bridging visas

Bridging visas allow individuals to stay in Australia whilst their application for a longer stay visa is processed.  Some of these bridging visas come with work rights. 

Working holiday visas

Anyone on a working holiday visa has the right to full time work, but only for a six-month period with the same employer.  You may extend this visa by a further twelve months by doing some work in regional Australia.

Partner visas

A temporary partner visa gives somebody full work rights and this usually then progresses into permanent residency - as long as the relationship continues.  If there is a breakdown, then this visa can cease in 28 days. Visa Solutions Australia is a specialist in helping partners live in Australia. 

Other visas

Working rights exist on a skilled provisional visa such as a 190 where employment is within a state and the specific occupation is on the sponsorship list.  A provisional business visa permits you to set up a business in Australia and training and research visas can be given to those who are undertaking academic research.

It can be tricky to identify whether a visa holder have work rights. If you are an employer and unsure if your potential hire or employee can legally work in Australia, we recommend you speak to Visa Solutions Australia. We can help to check the work status of a visa holder, and provide advice on options for your business to act as an approved Sponsor.  

Visa Solutions Australia can advise you on all the above.  

Call us today if you’d like to find out more on visas which offer work rights  on + 61 8 9328 2664 or 1800 828 008.

Call us on +618 9328 2664 or Toll free 1800 828 008

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