Visa holders & migrants

Migrant workers and visa holders, including international students, have the same workplace rights as all other workers in Australia. We provide free advice and assistance to all workers to help them understand these rights.

Find out what you need to know about working in Australia.

If you're having an issue at work, you can contact us anonymously to help us keep workplaces fair. You can make an anonymous report to us in your language using our translated Anonymous report form in multiple languages.

Translated information is available in multiple languages in our Language help section. If you or someone you know needs an interpreter when contacting us or the Department of Immigration and Border Protection (DIBP) call the Translating and Interpreting Service on 131 450.

Your visa

If you're here on a visa, make sure it allows you to work in Australia and check for any conditions like the number of hours you can work. For example, if you're an international student, you may get a part-time or casual job while studying in Australia. The number of hours you can work each week may be limited by your visa conditions.

The Department of Immigration and Border Protection can give you information about:

  • which visa to apply for
  • your rights and responsibilities under a visa
  • how to change and cancel your visa
  • how to apply for permanent residency.

Visa holders can use Visa Entitlement Verification Online (VEVO) external-icon.png to check current visa details and conditions or contact the Department of Immigration and Border Protection external-icon.png for more help.

Visa protections

Your employer can't cancel your visa, even if it's been breached. Only the DIBP can grant, refuse or cancel visas. We've set up an arrangement with DIBP to support and encourage migrant workers to come forward to request our assistance and provide us with any evidence or information about exploitation. This will help us to better understand the issues faced by visa holders and migrant workers so that we can educate employers and employees about entitlements and obligations.

We've come to an agreement with DIBP that a person's temporary visa will not be cancelled if they:

  • had an entitlement to work as part of their visa
  • believe they have been exploited at work
  • have reported their circumstances to us
  • are actively assisting us in an investigation.

This applies as long as:

  • they commit to abiding by visa conditions in the future
  • there is no other basis for visa cancellation (such as on national security, character, health or fraud grounds).

For temporary visa holders who don't have work entitlements attached to their visa, DIBP will consider the case on its merits.

Read more about Workplace rights for all visa holders working in Australia on the DIBP website external-icon.png.

Paying for visa sponsorship

It is illegal for someone to ask for, receive, offer or provide a benefit in return for visa sponsorship or employment that requires visa sponsorship. This is called 'paying for visa sponsorship.' Examples of this include:

  • an employer makes someone pay them money in exchange for sponsoring them on a 457 visa
  • an employer makes someone pay back some of their pay each week in exchange for a visa.

If you think your employer is engaging in 'paying for visa sponsorship' activity you can contact the Department of Immigration and Border Protection external-icon.png.

It could also be a 'cashback' scheme or an unreasonable requirement to pay money. Read more about this on our Deducting page and overpayments page. You can Contact us about deductions, cashback schemes or if an employer is asking for payment of any kind as a condition of a job offer.

Seasonal workers

People from the Pacific region and Timor-Leste can work in Australia in certain industries as seasonal workers. To find out more visit the Seasonal Worker Programme page.

Pay and conditions

There are minimum pay rates that employees have to be paid, based on the work they do. Use our Pay Calculator to find out the minimum pay rates for your job.

Employees also have other minimum conditions at work. These are set out either in an Award or agreement, or come from the National Employment Standards.

A payslip needs to be provided each time an employee gets paid. Visit our Pay slips page to find out what should be on a pay slip.

Watch our short video for information about Working in Australia.

 


Visit our Language help page for information in multiple different languages to help you understand what your rights are when working in Australia.

Tax and superannuation

The minimum pay rate is the gross pay (the amount of pay before tax is taken out). The Australian Taxation Office (ATO) gives advice about tax and superannuation. You need to give your employer your Tax File Number (TFN) so that they do not have to take the highest rate of tax from your pay. For more information about tax, visit the ATO website external-icon.png.

If you're a temporary resident working in Australia, your employer may also have to pay super for you. Find out more about Super for temporary residents leaving Australia on the ATO website external-icon.png.

You can keep track of the number of hours you've worked easily with our Record my hours app. This app is available in multiple languages.

Help with workplace issues

We are here to help you. An employee can't get into trouble or have their visa cancelled for contacting us to ask for information about their pay or other entitlements.

Tell us about your workplace issue by making an online enquiry in My account. If you already have an account with us, go to the enquiries form now.

Don't have an account yet? Register for My account now.

If you think your employer has made a mistake with your pay or entitlements, visit Help resolving workplace issues for practical steps on how to fix the problem.

You can also contact us anonymously to help us keep workplaces fair. You can make a report in your language using our translated Anonymous report form, which is available in multiple languages.

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