LexisNexis Practical Guidance®
Straightforward guidance across a range of topics

Overview — Foreign workers


The right to work in Australia

Only Australian citizens, permanent residents and others who hold appropriate visas are entitled to work in Australia. New Zealand citizens have an unrestricted right to work in Australia under special category visas.

Employers and labour suppliers must confirm the working entitlements of all workers. The Migration Act 1958 (Cth) applies criminal offences and civil liability provisions to any person who allows or refers a non-citizen to work without a visa or in breach of restrictions in their visa.

See The right to work in Australia.

Charging for a migration outcome

The Migration Act 1958 (Cth) prohibits payment-for-visa conduct. This is where a person asks for, receives, offers or provides payment or other benefits in return for a range of “sponsorship-related events” including entering a sponsorship arrangement or making a nomination in relation to a visa, the engagement of a person in work or an activity with the sponsor, and the termination or withdrawal of sponsorship or nomination. Breaches of these provisions can attract civil and criminal penalties, and result in visa cancellation.

See Charging for a migration outcome.