Visa Expiry Follow-Up: Re-Checking Work Rights in Australia

A visa expiry follow-up in Australia means re-checking a worker's work rights through the Visa Entitlement Verification Online (VEVO) system before their current visa ends. An employer who keeps a non-citizen working after the visa lapses, or in breach of its work conditions, can be liable under the Migration Act 1958, and the law applies even where the employer did not know.

This article covers the Australian position as of October 2026. It describes what a follow-up check compares: visa status, work conditions and dates against official records. It does not claim that a check proves a document is genuine.

What are an employer's obligations when a visa is about to expire?

An employer must not allow a non-citizen to work if they are unlawful, or if work would breach their visa conditions. Section 245AB of the Migration Act 1958 deals with allowing an unlawful non-citizen to work, and section 245AC with allowing a lawful non-citizen to work in breach of a work-related condition. The Department of Home Affairs sets out employer duties on its page for employers and labour hire intermediaries.

The law does not set a fixed re-check schedule. Home Affairs states that it is the employer's responsibility to understand employees' visa conditions, and VEVO is the tool for it. A visa with an end date therefore needs a diary entry and a re-check before it.

Home Affairs advises employers to check work rights through VEVO, which shows visa status, expiry date and work conditions, with the worker's consent (Home Affairs, VEVO). Citizens and permanent residents do not need a visa check, though evidence of status is still sensible at hire.

What do bridging visas change?

A worker who applies for a new visa before the old one ends is normally granted a bridging visa, and the work rights depend on the bridging visa's conditions. VEVO shows whether the bridging visa carries permission to work, and whether it ends on a set date or on a decision.

This is where employers slip. A worker says "I've applied", but the bridging visa has condition 8101 (no work) or the work right ends at a specific event. Do not rely on the application alone. Check VEVO for the actual bridging visa and its conditions, then record the result with the date.

How do you run the follow-up step by step?

Use one routine for every worker with a visa end date, applied the same way each time.

1. Record the visa end date and work conditions at hire from the VEVO result.
2. Set reminders at 120, 90 and 30 days before expiry.
3. Ask the worker for consent and run a new VEVO check at each reminder point that matters.
4. Check the new visa grant: subclass, end date, sponsor, work conditions, any hours cap.
5. Compare the conditions with the current role, hours and location.
6. Save the dated VEVO result and note who ran it.
7. Diary the next end date.

Do not wait for the worker to raise it. Many do not realise the employer carries the exposure, and some hesitate to mention that a visa decision is delayed.

What does a missed follow-up cost?

The Migration Act applies civil and criminal consequences for allowing unlawful non-citizens to work or working in breach of conditions, and liability can attach per worker, including to labour hire users. Penalty amounts are expressed in Commonwealth penalty units and change, so read the current figures on legislation.gov.au and the Fair Work Ombudsman page on visa holders rather than relying on a figure in an article.

An employer also owes the minimum wage and conditions to a person working without a valid visa under Australian workplace law, so the cost is not limited to migration penalties. Record-keeping is part of the defence: keep dated VEVO results for the employment period. The Fair Work Act requires employment records to be kept for seven years under the Fair Work Regulations, so aligning the retention period is sensible.

Fairness and privacy

Apply the same check to every new worker. Asking only people who look or sound foreign can breach the Racial Discrimination Act 1975. VEVO data and visa details are personal information under the Privacy Act 1988 and the Australian Privacy Principles, administered by the OAIC. Limit access, state the purpose and keep what you need.

What do HR teams and labour hire firms ask?

"The visa expired last week but the worker says they applied. Can they keep working?" Only if VEVO shows a bridging visa with work rights. A statement alone does not protect you.

"Do I need to recheck everyone each year?" No. Re-check workers with a visa end date, before it. Citizens and permanent residents need no follow-up.

"Who checks for labour hire placements?" The labour hire provider as employer, and the host can also be exposed. Our guide to work permit checks for temporary workers covers the first check, though it is written for the UK.

Keeping the file consistent

Most problems are mismatches, not forgeries: a name spelled differently on the visa and the bank form, a date of birth in the wrong order on the TFN declaration, a visa grant number copied with one digit wrong. Our platform compares the same field, such as full legal name and date of birth, against every document in the file at once, so a reviewer sees which field differs.

For expiry, the check flags documents whose end date falls inside a chosen window, so the follow-up list builds itself. Read the employer right to work compliance guide for broader duties, and the industry verification pillar guide for context.

Follow-up checklist

• One visa end date per worker, taken from VEVO
• Reminders at 120, 90 and 30 days
• Worker consent recorded for each VEVO check
• Bridging visa conditions read, not assumed
• Work conditions compared with hours and role
• Dated results kept for at least seven years

Labour hire firms and HR teams with many time-limited workers can use CheckFile's temporary staffing solution to validate completeness, expiry dates and cross-document consistency in one pass. Our security page explains data handling and pricing lists volume plans.

This article is general information, not legal advice. Rules change; confirm current requirements with Home Affairs or a registered migration agent or lawyer. Reviewed by the CheckFile editorial team, 12 October 2026.

Frequently Asked Questions

Does an employer need the worker's consent to run VEVO?

Yes. The worker must give consent, and you should keep a record of it with the VEVO result.

Is a bridging visa enough to keep working?

Only if it carries permission to work. Read the conditions in VEVO, including any end event.

How often should I re-check a visa?

Before the end date, and again when a new visa is granted. There is no fixed annual cycle in the law.

What if the visa is refused?

If the worker becomes unlawful or loses work rights, you must stop the work. Take advice before ending the contract.

How long do I keep VEVO results?

Keep them for the employment period and align with the seven-year employment records rule.