If you have ever hired, or considered hiring, someone on a visa, you already know it is not always straightforward.
Between the acronyms, rules, and policy changes, Australia's migration system can feel like a full-time job. For employers trying to do the right thing, it is easy to end up unsure about what is allowed, what is required, or what could land you in hot water.
This article is here to help. No legal jargon, no deep dive into legislation, just the essentials every employer should know when it comes to visa holders.
1. Not all work visas are the same
Australia has several different work visas, and each comes with its own conditions, validity periods, and level of flexibility.
Some, like the Subclass 400 visa, are for short, specialised projects. Others, like the Subclass 482 (TSS) visa, are designed for longer-term roles and may offer a pathway to permanent residency. Then there are student visas and graduate visas, which have completely different rules around hours and eligibility.
This matters because you cannot assume that a visa holder can simply take on any role, change jobs, or work full time. The fine print on their visa matters, a lot.
Tip: Always check the visa type before making a job offer, and make sure the role you are offering aligns with what the visa allows.
2. Sponsorship comes with real responsibility
If you sponsor someone for a visa, you are entering into a formal agreement with the Australian Government. This means you have legal obligations as a business, including paying the right salary, providing accurate information, keeping proper records, and notifying immigration if things change.
It is not just a paperwork exercise. Sponsors can be audited, and there are penalties for getting it wrong, including fines, reputational damage, and even the cancellation of your sponsorship approval.
Key point: Sponsorship is a compliance regime, not just a hiring option.
3. Visa conditions are legally enforceable
Work visas come with conditions about who the person can work for, what kind of work they can do, and sometimes even where they can do it.
If a sponsored worker changes duties, moves to a new location, or takes on extra hours outside their visa conditions, it could trigger a breach, even if everyone involved has the best of intentions.
Example: Promoting a visa holder into a new role without checking if the new duties match their nomination can lead to serious issues.
Rule of thumb: Do not make assumptions. Always check before making changes to a visa holder's role or terms.
4. Immigration settings change often
Migration is a politically sensitive area, and that means the rules can shift quickly.
In the last year alone, there have been changes to occupation lists, eligibility for permanent residency, and new compliance settings for sponsors. What was safe practice last year might now be out of step.
Best practice: Review your internal visa processes regularly, and avoid relying on old advice or templates.
5. You do not need to be a visa expert, but you do need a plan
Most employers do not have an immigration specialist on staff — and that is fine. But if you are hiring or managing staff on visas, you need a structured approach to compliance.
That means:
- Knowing which staff are on visas
- Understanding what those visas allow
- Having a system to track conditions, obligations, and expiry dates
- Getting trusted advice when something changes
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
