Work Permits in Australia | Expert Guide for Employers

A land of opportunity, many talents are attracted to working in Australia. And, for employers, tapping into the international workforce can drive innovation, growth and competitive advantage. However, foreign nationals are not allowed to work in the country unless they have a valid working permit. 

Whether you are a multinational corporation looking to bring in top-tier executives or a small business seeking specialised skills, this guide will equip you with the knowledge to successfully sponsor and employ overseas workers.

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Work Permits and Work Visas in Australia: Is There a Difference?  

A work visa allows non-citizens to live and work in Australia for a specified period, often tied to their employment status and specific job roles. Work visas come in various types, each designed for different purposes and durations. 

In Australia, work permits and work visas are often used interchangeably. A foreign national’s valid work visa also serves as their work permit. However, the Department of Home Affairs, the government body with responsibilities for immigration, citizenship, and border control, officially uses the term work visa. 

The Importance of Ensuring Eligibility For Employers 

As an employer, it’s your legal duty to make sure that your team member is lawfully allowed to work in Australia. 

By law, only Australian citizens, permanent residents, and New Zealand nationals holding Special Category visas have unrestricted right to work in the country. 

If your candidate is not any of the above, then they need a valid work permit in Australia. By valid, it means the visa allows them to carry on the role you hire them for. This is important because some visas have restrictions specifying the employer and even their number of hours. 

If an employer is found to have hired a member illegally, regardless of whether they know about it or not, they may: 

• Pay huge fines (corporate fine can be as high as $315,000
• Be imprisoned for  up to 2 years for each offence, may reach 5 years for exploitation of workers 
• Face reputational damage 

Likewise, note that company directors and officers may also face individual penalties. 

Work Visas in Australia: Types, Eligibility, and Costs

If you’re an employer looking into bringing in talents from other countries, you need to ensure that your team member holds the right type of visa. Under this section, we’ll discuss the types of work permits, who they are eligible for, and their costs. 

Employer Nomination Scheme Visa 

This type of work permit in Australia allows skilled talents who are nominated by their employer to live and work in Australia permanently. 

It costs AUD4,640.00 and has the following streams:

• Data Entry: For employees whose occupations are on the relevant list of eligible skilled occupations.
• Labour Agreement: When the employer has a labour agreement. 
• Temporary Residence Transition: For employees who have an eligible temporary visa and have worked for the employer full-time for at least 2 years. 

Permanent Residence (Skilled Regional) Visa

This work permit in Australia allows talents with an eligible visa in past years and those meeting the income requirements to live and work in the country permanently. 

There are two streams under this visa, both of which do not need a sponsor or nominator:

• Regional Provisional: For employees who have lived and worked in designated regional areas in Australia. The candidate must have followed the conditions of their eligible visa and have met the taxable income requirements in the past 3 years. 
• Hong Kong: This visa allows eligible Hong Kong or British National (Overseas) passport holders who have demonstrated commitment to Australia to live and work there permanently. Applicants must meet specific visa and residence requirements.

The cost of a Regional Provisional stream visa is AUD 475.00; the Hong Kong stream costs AUD 4,640.00.

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Skilled Employer Sponsored Regional (Provisional) Visa

This work permit in Australia allows regional employers to fill labour shortages by sponsoring skilled workers when they cannot find suitable Australian candidates.

There are three streams under this visa, all allowing the employees to stay in Australia for 5 years and cost AUD 4,640.00.

• Employer Sponsored: Allows employees to live, work, and study only in designated regional areas of Australia and apply for permanent residence after 3 years from the date the visa is granted.
• Labour Agreement: The employer must have a labour agreement. 
• Subsequent Entrant: This visa allows family members of Skilled Employer Sponsored Regional (SESR) visa holders to apply separately and join the primary visa holder in Australia.

Skilled Independent Visa

This work permit in Australia allows invited workers, eligible New Zealand citizens, and eligible Hong Kong or British National (Overseas) passport holders with essential skills to live and work permanently anywhere in Australia.

There 3 streams under this visa, all allowing the talent to stay permanently anywhere in the country: 

• Points Tested: This is for invited skilled workers under 45 to live and work permanently anywhere in Australia without needing a sponsor or nominator.
• New Zealand: For eligible New Zealand citizens who have shown commitment and contribution to Australia.
• Hong Kong: Hong Kong or British National (Overseas) passport holders who have demonstrated commitment to Australia, provided they meet specific visa and residence requirements.

Points Tested and Hong Kong visa streams cost AUD 4,640.00.

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Skilled Nominated Visa

This work visa in Australia allows your employee to live, work and study anywhere in the country permanently, sponsor eligible relatives for permanent residence, and even become an Australian citizen if they are eligible. 

Note that for this work permit, your team member must:

• Satisfy the points test
• Be invited
• Have a role on the relevant skilled list and a suitable skills assessment

The cost for this work visa is  AUD 4,640.00.

Skilled-Recognised Graduate Visa

This work permit in Australia allows recent engineering graduates under 31 to live, work, or study in the country for up to 18 months, provided they have completed a degree (or higher qualification) from a specified institution within the past two years.

The cost is AUD 465.00.

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Skilled Regional (Provisional) Visa

Skilled Regional (Provisional) visa allows skilled workers to work in regional Australia, allowing them to bring their family as well. When granted, it’s possible for visa holders to apply for a Skilled Regional (Permanent) visa. 

There are 3 pathways under this visa, invited, extended stay (for those who already have an existing, eligible visa), and subsequent entry pathway (for a family member of someone who holds a Skilled Regional (Provisional) visa. 

Invited and extended stay pathways cost AUD 4,640.00. Extended stay pathway costs AUD 415.00. 

Skilled Regional Visa

This work permit in Australia is similar to Skilled Regional (Provisional) visa, however, your employee must hold or have held an eligible visa that expired outside Australia during the concession period, have lived in a specified regional area for at least 2 years and worked full time for at least 1 year (unless COVID-19 concessions apply), and have complied with the conditions of that visa.

Skilled Regional visa costs AUD 475.00

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Temporary Work Visas

There are also temporary work permits in Australia, including:

Temporary Graduate Visa that allows foreign nationals to live, study, and work after they have finished their studies. There are several types of Temporary Graduate Visas, depending on what you want to further pursue. Length of stay and cost likewise vary depending on the type of visa. 

Temporary Work (Short Stay Specialist) Visa. The temporary visa allows individuals to do short-term, highly specialised work in Australia, suitable for those with unique skills, knowledge, or experience not typically available in the country. They can stay for up to 6 months; the cost is AUD 405.00. 

Temporary Skills Shortage Visa. This temporary visa allows an employer to sponsor a suitably skilled worker for a position they cannot fill with an appropriately skilled Australian. With this work permit, your employee can stay 2 to 4 years. 

Australian Work Visa Requirements

Australian work visa requirements vary depending on the type of visa needed. In general, there are requirements for their:

• Age
• Health
• Character
• English proficiency
• Skills and work experience 

Documentary requirements also vary, but foreign nationals applying for a visa are required to show or submit their:

• Valid passport
• Photo
• Education and work credentials 
• Visa application form
• Documents relating to employment, such as appointment letter, employer letter, invitation letter, etc. 
• Evidence of financial statements 

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Work Visas in Australia: Your Role as an Employer

As an employer, one of your key roles - and legal responsibilities - is to ensure that the foreign national you are hiring has a valid work permit. Don’t neglect checking if their documents are complete and authentic, particularly their work visa and relevant credentials. 

If you are nominating or sponsoring a foreign employee, please remember that there are several steps to take, including:

• Conducting labour market testing to make sure that no suitably qualified Australian employees can carry out the role. 
• Ensuring that the foreign candidate meets the skills assessment criteria through an assessment. 
• Aligning with the criteria specified for the visa, its stream or pathway. This is particularly important because only those included in the Skills Occupation List can be sponsored. 
• Paying the necessary fee to become a sponsor 
• Making sure that the salary meets the requirements 
• Submission of the nomination to the Department of Home Affairs 
• Providing the candidate with the documents they need for their visa application.  

Learn more about Nomination here. Here’s more information on Sponsorship. 

Finally, as an employer, you must do your due diligence through background checks to ensure that you hire trustworthy and qualified candidates, thereby safeguarding their company's reputation and security.

Don’t Skip Background Checks When Hiring International Talents

Securing work visas for employees in Australia involves a comprehensive background screening to meet various regulatory requirements. For employers sponsoring candidates, the following checks are crucial:

• Criminal Background Checks: These are essential for meeting the character requirements set by Australian immigration authorities. If the candidate has a substantial criminal record, they might not meet the character requirement. Learn more about Criminal Records Check here. 
• Education and Employment Verification: Ensuring the accuracy of a candidate's educational background and employment history is vital for a smoother skills assessment. It also helps ensure you’re bringing in someone who’s best suited for the role.
• Health Screening: A health assessment is a mandatory requirement for many Australian visas, conducting a health screening helps for a smoother application process. 
• Credit History: Financial stability is often reviewed during visa applications. Credit history checks provide insights into a candidate’s financial behaviour, ensuring their financial statements reflect a reliable and responsible individual.

For employees not under sponsorship, Right to Work Checks are indispensable. ​​

Here’s more information on Employee Background Checks in Australia. 

How Veremark Helps Facilitate a Smooth Visa Application Process

As a background screening platform trusted by the world’s best workplaces, Veremark can conduct the necessary background checks for a more seamless visa application. By choosing Veremark, you benefit from:

• Easy, Automated Screening: Our user-friendly, automated background screening process reduces the administrative burden and simplifies compliance​​.
• Reliable and Comprehensive Verification: Tailored to various industries and roles, our compliant services help mitigate hiring risks and build a trustworthy workforce​​.
• Global Checks and 24/7 Support: With a wide selection of online background checks and round-the-clock customer care, Veremark ensures a faster and more informed hiring process, regardless of your location​​.

Leverage Veremark’s expertise for a smoother and more efficient visa application process, ensuring you bring the best talent onboard with confidence.

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