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VEVO & Sponsorship Obligations


Recruiting any employee in Australia has implications regarding the knowledge of the immigration status of the recruit. An employee holding Australian citizenship is straightforward. But the government has in recent years introduced a duty on the employer to ensure those who are not Australian citizens (permanent residents and temporary residents) have work rights before allowing them to work for the company. It extends also to giving references to other employers. It differs very significantly from taxation (ATN) status. I can assist with the introduction of the VEVO SYSTEM into company procedures.

Employer Statutory Duty

There is the statutory duty (Employer Sanctions legislation) and there is a need to know generally the tenure security of the potential employee before investment in training and development of non-citizens and before any reliable appointment to responsible positions. The work limitations of working holiday visas and the variable hourly limitations on student visas for primary holders and secondary holders need close attention. The holders of certain partner visas need assessment as to difficulties being experienced. There are about 150 visa categories in use on the statute books now and some visa categories still can be held by applicants but are no longer on the statute books (repealed).

The big risk is that an employer will accept a claim from a recruit that they have an appropriate immigration status when in fact that is not tenable. The Employer Sanctions legislation imposes a strict liability on the employer, and a “flaky”employee tenure can mean a waste of training and development costs and the disruption of duplicated recruitment exercises.

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Initial phone consultation: +61 2 9613 8326

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