Visa holders & migrants
It’s the holiday season! Join us to find out what your rights and entitlements are.
We’re running a short, 30-minute webinar to help you understand your workplace rights and entitlements during the holiday season.
Join us on Thursday 9 December to learn about:
- public holiday entitlements
- close downs
- directions to take annual leave
- rules around working additional hours.
Find out more and register Understanding workplace rights and obligations during the holiday season webinar .
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.
On this page:
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 Home Affairs, call the Translating and Interpreting Service on 131 450.
It's important to know the rules for your visa. Your visa may limit the type of work you can do in Australia. Some visas have rules about how many hours you can work (for example, international students), or what job you can do (for example, a seasonal worker).
The Department of Home Affairs 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 protections – the Assurance Protocol
All people working in Australia have the same basic minimum workplace rights and protections, regardless of their citizenship or visa status. Your rights can't be taken away by contracts or agreements. We make sure the rights of visa holders are protected and enforced fairly under Australian workplace laws.
Your employer can't cancel your visa, even if you've breached your visa conditions. Only Home Affairs can grant, refuse or cancel visas.
We have an arrangement with Home Affairs to support visa holders who come to us for help. Visa holders can seek help without fear of visa cancellation, even if they've breached their work-related visa conditions. This arrangement is called the Assurance Protocol.
What is the Assurance Protocol?
Under the Assurance Protocol, Home Affairs usually won't cancel your visa if you have breached your work-related visa conditions because of workplace exploitation, and:
- you have sought advice or support from us and you're helping us with our inquiries
- there is no other reason to cancel your visa (for example, for national security, character, health or fraud reasons)
- you have committed to following your visa conditions in the future.
Who does the Assurance Protocol apply to?
The Assurance Protocol applies to people on temporary visas with permission to work, such as:
- Student visa (subclass 500 series visas)
- Working Holiday Maker visa (subclass 417)
- Work and Holiday visa (subclass 462)
- Temporary Work (Skilled) visa (subclass 457)
- Temporary Skill Shortage (TSS) visa (subclass 482).
For temporary visa holders who don't have permission to work attached to their visa, Home Affairs will consider each case on its merits.
How does the Assurance Protocol work?
Once your case of workplace exploitation has been identified by or reported to the Fair Work Ombudsman, we'll assess your eligibility for referral to Home Affairs under the Assurance Protocol. If you're eligible, we'll always get your permission first before referring your case to Home Affairs. If you've met the conditions under the Assurance Protocol, and there is no other reason to cancel your visa, Home Affairs will give you a letter that says your visa won't be cancelled.
The Assurance Protocol only applies to visa cancellations and doesn't apply to other visa grants.
What are some signs of workplace exploitation?
There are different types of workplace exploitation and issues that visa holders may experience. These include:
- threats to cancel your visa
- wage underpayments
- unfair deductions, deposits or 'cash-back' schemes
- failure to provide workplace entitlements, for example, paid leave or superannuation
- withholding your passport
- pressure to work beyond the restrictions of a visa
- up-front payment or 'deposit' for a job
- employers avoiding tax by making cash payments
- unpaid training
- misclassification as an independent contractor instead of an employee
- unfair deductions from wages for accommodation, training, food or transport.
If you're a visa holder working in Australia and you're experiencing workplace exploitation you should ask for our help.
Read more about workplace rights for all visa holders working in Australia on the Home Affairs website.
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 Home Affairs .
It could also be a 'cashback' scheme or an unreasonable requirement to pay money. Read more about this on our Deducting pay 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.
There are minimum pay rates that employees have to be paid, based on the work they do. Use our Pay and Conditions Tool to find out the minimum pay rates for your job.
Visa workers are entitled to the same minimum pay rates as any other Australian employee with the same job in their workplace.
For more information read our fact sheet on 482 and 457 workplace rights and entitlements.
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.
Case study: Jessica's story
International students can come to us for help if they're having workplace issues, without fear of their visa being cancelled.
Read Jessica's story to see how we can help you sort out workplace issues to do with your pay and conditions.
Visit our Language help page for information in multiple different languages to help you understand what your rights are when working in Australia.
There are some salary requirements for some visas. Find out more more about Salary requirements for 482, 186 and 187 visa workers on the Department of Home Affairs website .
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 .
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 .
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.
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 our I’m a migrant worker being treated unfairly page for practical steps on how to fix the problem.