Work Rights Check: Employer Compliance Guide Australia

Every employer in Australia is legally required to check that each employee has the right to work before employment begins. Failing to carry out this check correctly -- or failing to retain adequate records -- can result in civil penalties of up to AUD 99,000 per illegal worker for an individual and up to AUD 495,000 for a body corporate. This guide sets out the current legal framework, the recognised checking methods including VEVO, record-keeping obligations, and the practical answers to the questions employers ask most frequently.

This article is for informational purposes only and does not constitute legal, financial, or regulatory advice. Regulatory references are accurate as of the publication date. Consult a qualified professional for guidance specific to your situation.

This article is for HR professionals, compliance officers, and business owners responsible for pre-employment screening. It is informational only and does not constitute legal advice.

What is a work rights check and why is it a legal requirement?

A work rights check is a pre-employment verification process that confirms a prospective or existing employee is lawfully entitled to work in Australia. The legal obligation to perform this check rests with the employer, not the worker.

The legal basis is the Migration Act 1958 (Cth), sections 235-245, which makes it a civil and criminal offence to allow a person to work in Australia in breach of their visa conditions or without a valid visa. As of March 2026, civil penalties can reach up to AUD 99,000 per illegal worker for an individual and AUD 495,000 per illegal worker for a body corporate, per the Department of Home Affairs employer obligations guidance.

A compliant check also provides the employer with a defence against penalties -- if it later transpires that the worker did not have permission to work. The defence only applies if the check was carried out correctly before the first day of employment using an approved method.

Checks must be applied consistently to every employee regardless of nationality, appearance, name, or accent. Applying checks selectively based on perceived ethnic origin constitutes unlawful racial discrimination under the Racial Discrimination Act 1975 (Cth) and applicable state anti-discrimination legislation, and can expose employers to separate liability.

The recognised checking methods in 2026

There are two primary methods for verifying work rights in Australia.

Method 1 -- Visa Entitlement Verification Online (VEVO)

The Visa Entitlement Verification Online (VEVO) system is the Australian Government's primary tool for checking a person's visa status and work rights. VEVO is operated by the Department of Home Affairs and is available free of charge.

VEVO is the only system that provides real-time verification of a person's visa status and work rights directly from the Department of Home Affairs records (VEVO).

VEVO can be accessed in several ways:

1. myVEVO mobile app: The visa holder can share their visa details directly with the employer through the myVEVO app.
2. VEVO for employers: Employers can register for VEVO access and check visa conditions directly using the worker's details (passport number, date of birth, and either grant number or ImmiCard number) (VEVO for organisations).
3. ImmiAccount: Employers with an ImmiAccount can access VEVO through the ImmiAccount portal.

The VEVO check confirms whether the person holds a valid visa, the visa subclass, any work-related conditions (such as hour limitations for student visa holders), and the visa expiry date.

Important: A screenshot or printout provided by the worker may be outdated. The employer should conduct the VEVO check directly to ensure the information is current. A worker's visa conditions can change at any time (for example, if a visa is cancelled or conditions are varied).

Method 2 -- Document-based check (for Australian citizens and permanent residents)

Australian citizens are not required to hold a visa and will not appear in VEVO. For Australian citizens, the employer should sight an Australian passport, Australian citizenship certificate, or birth certificate combined with other evidence of identity (such as a driver licence).

For permanent residents, a VEVO check will confirm permanent residence status. Alternatively, an evidence of residency status (ImmiCard or permanent visa grant notification) can be sighted.

To complete a valid document-based check, the employer must:

1. Obtain the original document -- copies are not acceptable at this stage.
2. Check the document is genuine, has not been tampered with, and belongs to the person presenting it.
3. Check that photographs, dates of birth, and expiry dates are consistent.
4. Make a clear copy and record the date the check was carried out.

CheckFile provides automated document verification that supports HR and compliance teams in digitising their pre-employment screening workflows, reducing manual review time and improving audit trail quality.

Employer Checking Service

If a worker has lodged a visa application and their previous visa has ceased, they may hold a Bridging Visa that may or may not include work rights. The VEVO system will show the Bridging Visa conditions. If there is any uncertainty about a worker's status, employers should contact the Department of Home Affairs for clarification before allowing the person to commence work.

Record-keeping obligations

Retaining evidence of a work rights check is a separate obligation from conducting the check itself. Both are required.

Evidence must be retained for the entire duration of employment plus a reasonable period after employment ends (industry best practice recommends at least two years), regardless of the checking method used. This rule applies equally to VEVO checks (retain a copy of the VEVO result or a screenshot with date stamp), document-based checks (retain copies of all documents checked), and any other verification method.

Records should clearly show:

• Which documents or VEVO result were reviewed
• The date the check was carried out
• For VEVO checks: the visa conditions and expiry date shown
• For document-based checks: that original documents were examined

The Department of Home Affairs may request evidence of work rights checks during a compliance audit. An employer who cannot produce records for a current or former employee will not benefit from a defence against penalties, even if a check was carried out at the time.

Follow-up checks for temporary visa holders

Where an employee has a temporary visa with an expiry date -- confirmed via a VEVO check -- the employer must carry out a follow-up check before that visa expires.

For temporary visa holders (such as subclass 482, 485, 500, or 408 visa holders), the employer should schedule follow-up checks well in advance of the visa expiry date to allow time to act if the worker's status has changed. The follow-up check follows the same process as the initial check and must be recorded and retained.

Student visa holders (subclass 500) are subject to work hour limitations: generally, they must not work more than 48 hours per fortnight during academic sessions. Employers must be aware of these conditions and monitor compliance. VEVO displays these conditions clearly.

Civil and criminal penalties for non-compliance

The penalty regime under the Migration Act 1958 is designed to create a meaningful financial deterrent. The penalty levels as of March 2026 are:

The penalties were significantly increased by the Migration Amendment (Employer Sanctions) Act 2007 and subsequent amendments. The Department of Home Affairs can issue warning notices, infringement notices (AUD 19,800 for individuals, AUD 99,000 for bodies corporate), and pursue civil penalty proceedings in the Federal Court for serious or repeated breaches.

An employer with a documented and consistent compliance framework who acts promptly upon discovering a worker without entitlement may receive a reduced penalty or no penalty in some circumstances.

For a broader view of employer document verification obligations across multiple compliance frameworks, see our document compliance guide.

Anti-discrimination requirements

Work rights checks must be applied uniformly across the workforce. Selecting workers for checks based on nationality, ethnicity, appearance, or accent is a breach of the Racial Discrimination Act 1975 (Cth) and applicable state anti-discrimination legislation, and may result in a complaint to the Australian Human Rights Commission.

The practical safeguard is a written procedure that specifies:

• That checks are required for all new employees from day one
• Which member of staff is responsible for carrying out checks
• The order in which documents or VEVO checks are requested (offering all employees the same options in the same sequence)
• How records are stored and for how long

The Department of Home Affairs employer obligations guidance contains the complete requirements and worked examples. The Fair Work Ombudsman provides complementary guidance for employees who need to understand their rights.

Integrating work rights checks into a wider compliance framework

Work rights verification is one component of a broader pre-employment compliance process. Employers in regulated sectors -- financial services, legal, healthcare, and others -- are also subject to KYC obligations, background check requirements (including police checks via the Australian Criminal Intelligence Commission), and sector-specific licensing requirements. For organisations onboarding employees and clients simultaneously, maintaining separate manual processes for each check type creates cost, delay, and audit risk.

CheckFile supports compliance teams in automating document verification across identity, residency, and work rights evidence, reducing the processing time per file and producing a timestamped audit trail suitable for regulatory inspection. The platform integrates with HR and onboarding systems via API, enabling checks to be embedded directly into existing workflows. See our security infrastructure for details of the data protection standards applied to document processing, or review pricing options for teams of different sizes.

For organisations with KYC obligations running in parallel with employment onboarding, our KYC 2026 requirements guide covers the current regulatory landscape for identity verification in financial services. Employers conducting due diligence on contractors and supply chain partners may also find our due diligence checklist for businesses a useful reference.

For a comprehensive overview, see our document compliance complete guide. Our platform processes over 180,000 documents per month with 98.7% OCR accuracy and a 94.8% fraud detection rate, reducing manual review time by 83%.

Frequently Asked Questions

Do I need to carry out a work rights check for every employee?

Yes. Every employer in Australia must carry out a work rights check for every employee before employment begins, regardless of the employee's nationality, how long they have worked for the business previously, or whether they are employed on a permanent or temporary basis. This includes citizens (document-based check) and non-citizens (VEVO check). There is no de minimis exception for small employers or sole traders.

What happens if a worker's visa has expired?

If a VEVO check reveals that a worker's visa has expired and they have not lodged a new visa application (which would typically grant them a Bridging Visa), the employer must not allow them to continue working. Continuing to employ a person without a valid visa exposes the employer to civil penalties of up to AUD 99,000 per individual or AUD 495,000 per body corporate, and potential criminal prosecution for knowing or reckless conduct.

Can I rely on a visa label in a passport to verify work rights?

No. Visa labels are no longer placed in passports for most visa subclasses. The Department of Home Affairs has moved to an electronic visa system. The VEVO system is the only reliable way to verify current visa status and conditions. A historical visa label in a passport does not confirm current entitlements.

Do I need to conduct repeat checks on permanent residents?

No. If a VEVO check confirms that a worker holds a permanent visa, a single pre-employment check is sufficient for the duration of employment. Permanent residents have unlimited work rights in Australia, and their visa status does not expire. However, if there is reason to doubt the continued validity of the status, a fresh VEVO check is prudent.

What should I do if a new employee cannot immediately provide evidence of their work rights?

If a prospective employee has lodged a visa application and is awaiting a decision, they may hold a Bridging Visa. Check their status via VEVO. If VEVO confirms they hold a Bridging Visa with work rights, they can commence employment. If VEVO shows no current visa or no work rights, do not allow the person to start work. Contact the Department of Home Affairs for clarification if needed.

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This article is informational only and does not constitute legal or immigration advice. Work rights legislation and Department of Home Affairs guidance are subject to change; employers should verify current requirements at immi.homeaffairs.gov.au and seek specialist immigration law advice where necessary. CheckFile supports employers with document verification workflows -- visit our pricing page to explore options for your team.