Work Visas in Australia: A Quick Guide for Employers
Hiring international talent or relocating an employee to Australia presents exciting opportunities but requires navigating complex immigration and labor compliance laws. Employers must secure the right visas, meet legal requirements, and manage foreign work authorization—a process fraught with challenges and risks.
That’s where partnering with an Australian Employer of Record (EOR) service can make all the difference. An EOR takes on the administrative and legal responsibilities of hiring abroad, including handling work permits, ensuring compliance with labor laws, and managing payroll and taxes. This not only minimizes risks but also simplifies the process, allowing you to focus on what matters most—finding the right talent and integrating them into your team.
In this guide, we’ll cover the types of work visas available in Australia, the steps to acquire one, and how working with an EOR can support your global hiring needs in Australia.
Why is Compliance with Australian Immigration Rules Important?
Compliance with Australian immigration rules is critical for businesses hiring or relocating international talent. Non-compliance can result in severe penalties, including substantial fines, legal action, and restrictions on future hiring.
Beyond financial consequences, failing to meet immigration requirements can damage your company’s reputation, eroding trust with employees, clients, and regulators.
Complying with immigration laws ensures a smooth hiring process, protects your organization from risks, and establishes your commitment to ethical and lawful employment practices—key to building a resilient and reputable global workforce.
Who Can Legally Work in Australia?
By default, Australian citizens have full legal rights to work in the country. New Zealand citizens can also work in Australia without requiring a visa under the Trans-Tasman Travel Arrangement.
For all other individuals, a valid work permit and visa are mandatory.
Employers must ensure that non-citizens meet these requirements before hiring, as employing someone without proper authorization can result in significant legal and financial penalties.
Understanding Australian Work Visas and Permits
In Australia, a work visa serves as the official authorization to live and work in the country, often referred to interchangeably as a “work permit.” Securing the correct visa is a crucial first step for any non-citizen planning to work in Australia.
Types of Work Visas in Australia
Australia offers a range of work visas tailored to different employment needs. These are broadly categorized into employer-sponsored visas, which require a sponsoring organization, and non-sponsored visas, which are granted based on individual qualifications or circumstances.
Below is an overview of these visa types, which are explained in more detail below:
| Category | Visa Type | Key Features |
| Employer-Sponsored | Temporary Skill Shortage Visa (TSS) | Short to medium-term work visa for addressing skill shortages. |
| Employer Nomination Scheme Visa (ENS) | Permanent visa for skilled workers nominated by an employer. | |
| Skilled Employer Sponsored Regional Visa | For skilled workers in regional areas; offers pathways to permanent residency. | |
| Regional Sponsored Migration Scheme Visa | Supports regional employers hiring international talent for permanent roles. | |
| Non-Sponsored | Skilled Independent Visa | Points-tested visa for highly skilled workers without employer sponsorship. |
| Graduate Visa | Temporary visa for recent graduates from Australian institutions. | |
| Regional Visas | Encourages skilled workers to live and work in regional areas of Australia. |
Temporary Skill Shortage Visa
The Temporary Skill Shortage (TSS) Visa allows businesses to address labor shortages by hiring skilled workers from overseas. Depending on the stream, it may be valid for up to four years and could offer a pathway to permanent residency.
This visa requires employers to demonstrate that they cannot fill the role with local talent through labor market testing.
Employer Nomination Scheme Visa
Designed for skilled workers nominated by an employer for permanent residence, the Employer Nomination Scheme (ENS) Visa helps businesses retain long-term talent. Applicants must meet eligibility requirements such as skills assessments, age limits, and English proficiency, depending on the visa stream.
Skilled Employer Sponsored Regional Visa
For regional employers hiring skilled workers, the Skilled Employer Sponsored Regional Visa offers the possibility of permanent residency after fulfilling certain criteria. Workers must live and work in regional areas and remain with their sponsoring employer for a minimum period before applying for permanent residency.
Regional Sponsor Migration Scheme Visa
The Regional Sponsor Migration Scheme Visa supports businesses in regional areas by allowing them to sponsor skilled workers for permanent positions. It incentivizes migration to regional locations, helping address talent shortages outside major cities.
Skilled Independent Visa
The Skilled Independent Visa is a points-based visa for highly skilled workers who do not require employer sponsorship. Applicants are assessed based on criteria such as age, education, experience, and language proficiency. It provides permanent residency and is ideal for individuals with in-demand skills listed on Australia's occupation lists.
Graduate Visa
The Graduate Visa is a temporary visa that allows recent graduates from Australian institutions to stay and gain work experience in Australia. This visa helps graduates build local work experience, which can be a stepping stone to securing a more permanent visa.
Regional Visas
Encouraging migration to less-populated areas, Regional Visas provide opportunities for skilled workers to live and work outside major cities, often with pathways to permanent residency. These visas often include additional incentives, such as extended validity periods and priority processing for permanent residency applications.
How to Apply for an Australian Work Visa
Applying for an Australian work visa involves several key steps to ensure compliance with immigration requirements. Here’s a simplified breakdown of the process:
- Identify the Appropriate Visa Type: Determine the visa that best fits the role and the candidate’s qualifications, whether employer-sponsored or non-sponsored. Consult the Australian Department of Home Affairs for guidance.
- Check Eligibility Requirements: Review the eligibility criteria for the chosen visa, including skills assessments, language proficiency, health checks, and character requirements.
- Obtain Employer Sponsorship (if required): If an employer-sponsored visa is necessary, the employer must register as an approved sponsor and nominate the role for which the visa is being sought.
- Prepare Necessary Documentation: Collect all required documents, such as proof of qualifications, work experience, and financial support, as well as health and character certificates.
- Submit the Visa Application: Lodge the application online through the Department of Home Affairs portal, providing all requested information and documents.
- Pay the Application Fee: Pay the visa application fee, which varies depending on the visa type and processing requirements.
- Attend Health and Character Checks: Complete the required medical examinations and submit police clearance certificates to meet visa conditions.
- Await Processing and Decision: Monitor the application status and wait for the visa decision. Processing times vary depending on the visa type and the completeness of the application.
By following these steps and ensuring accuracy at every stage, employers and applicants can increase their chances of a smooth and successful visa approval process.
Australian Work Visa Sponsorship Requirements and Process
For employer-sponsored visas, the sponsoring company must meet specific criteria and follow a defined process to support the visa application.
Requirements for Sponsoring Companies
To qualify as a sponsor, a company must:
- Be a Registered Business: The sponsoring entity must operate legally in Australia and have a valid Australian Business Number (ABN).
- Demonstrate a Genuine Need: Prove that the role being sponsored cannot be filled by an Australian citizen or permanent resident, often through labor market testing.
- Meet Financial Viability Standards: Show that the company has the financial capacity to sponsor and support the employee throughout their visa period.
- Comply with Workplace Laws: Adhere to Australian workplace laws, including those relating to wages and workplace safety.
- Pay the Skilling Australians Fund (SAF) Levy: A one-time payment based on the company’s annual turnover and the length of the visa.
The Sponsorship Process
Here’s the process for sponsoring an Australian visa application:
- Become an Approved Sponsor:
Apply to the Department of Home Affairs to register as a Standard Business Sponsor. Approval is typically valid for five years. - Nominate the Position:
Submit a nomination application for the role you intend to fill, providing evidence that the position meets the criteria for the chosen visa. - Support the Visa Application:
Assist the employee with their visa application by providing necessary documentation, including a signed employment contract and proof of sponsorship. - Meet Ongoing Sponsorship Obligations:
Sponsors must continue to comply with sponsorship obligations, such as monitoring the employee’s visa conditions and reporting changes (e.g., job termination) to the Department of Home Affairs.
By understanding and meeting these requirements, businesses can ensure a smooth sponsorship process and successfully onboard international talent.
Use an EOR to Avoid Immigration Compliance Stress
Navigating Australia’s immigration and labor laws can be daunting, especially when hiring or relocating international talent. Partnering with an Employer of Record (EOR) simplifies the process by outsourcing the legal and administrative responsibilities of hiring abroad.
What is an Employer of Record (EOR)?
An EOR is a third-party service provider that acts as the legal employer on behalf of your organization in a specific country. While you retain day-to-day management of your employees, the EOR handles the complexities of compliance, payroll, and documentation required for international hiring.
Services Provided by an EOR
EORs offer a range of services designed to take the burden off your HR team, including:
- Immigration and Labor Law Compliance: The EOR will ensure your organization adheres to Australian employment regulations, including visa and tax requirements.
- Work Permit and Visa Assistance: The EOR service will manage visa applications and work permits for your international hires, streamlining the process and reducing the risk of errors.
- Global Payroll Processing: EORs can handle multi-currency payroll, including salary payments, tax withholdings, and benefits administration in compliance with local laws.
Benefits of Using an EOR
There are several benefits of using an EOR service, including:
- Compliance Monitoring: The EOR tracks changing immigration and labor regulations, ensuring ongoing compliance and reducing legal risks.
- Misclassification Insurance Coverage: This service feature protects your organization from penalties and liabilities associated with employee misclassification errors.
- Global Hiring Expertise: Provides specialized knowledge to navigate complex immigration and labor laws, saving time and effort.
- Peace of Mind: By delegating administrative burdens to an EOR partner, you can focus on integrating your new talent and growing your business.
An EOR enables you to hire international talent with confidence, knowing that every aspect of immigration compliance and employment law is professionally managed. This ensures a smoother, stress-free experience for both your organization and your employees.
Frequently Asked Questions
Here are answers to popular FAQs about securing work visas in Australia.
Does Australia offer a digital nomad visa?
No, Australia does not currently offer a specific digital nomad visa. However, remote workers may use other visa options, such as visitor visas or temporary work visas, depending on the nature and duration of their stay.
What documents are required to apply for an Australian work visa?
To apply for an Australian work visa, you will typically need the following documents:
- Valid Passport: A passport valid for at least six months beyond your intended stay.
- Completed Visa Application Form: The specific form corresponding to the visa type you’re applying for.
- Proof of Qualifications: Certified copies of educational certificates and professional qualifications.
- Employment References: Letters from previous employers verifying your work experience.
- English Language Proficiency Test Results: Evidence of your English language skills, such as IELTS or TOEFL scores.
- Health Examination Results: Medical reports confirming you meet health requirements.
- Police Clearance Certificates: Documents proving good character from countries where you’ve lived for 12 months or more in the past 10 years.
- Proof of Financial Means: Evidence that you can support yourself financially during your stay.
Additional documents may be required based on the specific visa subclass and individual circumstances. I recommend consulting the Australian Department of Home Affairs for detailed and up-to-date information.
How much does it cost to get an Australian work permit?
The cost of obtaining an Australian work visa varies depending on the visa subclass and individual circumstances. As of September 2024, here are some examples:
- Temporary Skill Shortage (TSS) Visa (Subclass 482): Base application charge is AUD 1,290 for the short-term stream and AUD 2,690 for the medium-term stream.
- Employer Nomination Scheme (ENS) Visa (Subclass 186): Base application charge is AUD 4,115.
- Skilled Independent Visa (Subclass 189): Base application charge is AUD 4,765.
Additional costs may include:
- Additional Applicant Charges: Fees for family members included in the application.
- Non-Internet Application Charge: An extra fee if applying by paper instead of online.
- Subsequent Temporary Application Charge: Applicable if you’re applying for another temporary visa while in Australia.
For the most accurate and up-to-date information, refer to the Australian Department of Home Affairs.
Can family members enter Australia under another family member’s work visa?
Yes, family members can accompany a primary visa holder to Australia under certain work visas. Eligible dependents—typically spouses, de facto partners, and children—can be included in the primary applicant’s visa application or apply to join them later.
The specific eligibility criteria and application processes vary depending on the visa subclass. For detailed information, refer to the Australian Department of Home Affairs’ guidelines on bringing a partner or family member to Australia.
How do you renew an Australian work permit?
Renewing an Australian work visa involves applying for a new visa, as extensions are not typically available. Here’s a general guide:
- Assess Eligibility: Determine if you meet the criteria for the desired visa, considering factors like occupation, skills, and employer sponsorship.
- Choose the Appropriate Visa: Select a visa that aligns with your employment situation. For instance, the Temporary Skill Shortage (TSS) Visa (Subclass 482) allows for onshore renewal to extend your stay.
- Prepare Documentation: Gather necessary documents, including proof of employment, qualifications, and compliance with visa conditions.
- Submit Application: Apply through the Department of Home Affairs portal before your current visa expires.
- Await Decision: Processing times vary; ensure you maintain lawful status during this period.
It’s crucial to initiate the renewal process well before your current visa expires to avoid unlawful status.
What is the Visa Entitlement Verification Online tool?
The Visa Entitlement Verification Online (VEVO) system is a free online service provided by the Australian Department of Home Affairs. It allows visa holders, employers, and other registered organizations to check current visa details and conditions, including visa type, status, and work or study entitlements.
VEVO ensures that individuals and organizations can verify visa information accurately and promptly.
How much does an Employer of Record charge in Australia?
The cost of EOR services in Australia varies based on the provider and the scope of services offered. In general, Australian EOR services charge between $199 to $650 per employee, per month. The price range varies depending on factors such as geographic location, services required, and the number of employees.
Some EOR service providers, like Remofirst, offer services starting at $199 USD per employee per month, whereas others, like Oyster HR or Deel charge $599 USD per employee per month. Other EOR companies, such as Velocity Global, don’t actually disclose their EOR prices publicly, requiring you to request a personalized quote instead.
Typically, EOR fees are structured as either a fixed monthly fee per employee, though some providers charge a percentage of the employee’s salary (usually ranging between 10% to 20% of the employee’s salary) instead, to cover payroll management, benefits, taxes, and compliance with employment laws.
I recommend consulting with multiple EOR providers to obtain detailed pricing tailored to your specific needs.
What are the risks of using an Employer of Record service?
While Employer of Record (EOR) services offer many benefits, there are potential risks to consider:
- Loss of Direct Control: The EOR acts as the legal employer, which may limit your direct control over certain HR processes, such as employment contracts and compliance monitoring.
- Dependence on Third-Party Expertise: If the EOR fails to maintain compliance with local laws, your organization may still face penalties or reputational damage.
- Varying Service Quality: Not all EOR providers offer the same level of expertise, technology, or customer support, which could impact the employee experience.
- Data Security Concerns: Sharing sensitive employee information with a third-party provider may pose risks if robust data protection measures aren’t in place.
To mitigate these EOR risks, choose a reputable EOR company with proven expertise, transparent processes, and strong compliance capabilities.
The Bottom Line
Hiring or relocating talent in Australia can be a rewarding yet complex process. From navigating visa requirements to ensuring compliance with strict labor laws, every step requires careful planning and execution. Partnering with an Employer of Record (EOR) can streamline the process, mitigate risks, and help you onboard international talent with ease.
As a next step, assess your company’s hiring goals and challenges. Determine whether you have the in-house expertise to manage compliance and visa processes or if an EOR might be the right solution for your needs.
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This content is for informational purposes only, and should not be relied upon as legal advice. We recommend always following the advice of an employment lawyer or EOR partner before making any decisions to hire employees in Australia.