Australia proudly boasts a multicultural workforce, with countless people entering the country every day – either temporarily or on a more permanent basis – to staff sectors such as healthcare, construction, and recruitment (a cornerstone of our economy). While this certainly helps address labour and skills shortages, it also creates an obligation for employers to ensure that everyone they hire actually has the legal right to work here.
Managing work rights and conducting VEVO checks (Visa Entitlement Verification Online) is an essential pillar to remaining compliant. And while it might seem complex at first, the process can be streamlined and straightforward with the right structure and systems in place; one that can ideally minimise business risk without the unnecessary administrative overhead.
When do you need to perform VEVO checks?
One of the most common questions we're constantly asked is: "Do I need to check work rights for every worker?"
Some employers wrongly assume it's not required in certain situations, e.g. if you're engaging contractors or casual workers. The unvarnished reality, however, is that all Australian employers must verify the work rights of every single person they employ (regardless of employment type or industry). In other words, VEVO checks are non-negotiable for anyone who isn't an Australian citizen or permanent resident joining your business.
Even if clearance requirements already cover work rights as part of their own standalone processes or a candidate provides prior documentation alluding to work rights, confirming visa status through an official VEVO check effectively ensures you're dealing with the most accurate and up-to-date information.
Failure to do so could mean engaging a person who does not have any legal work rights in Australia. Under the Migration Act and Fair Work regulations, the consequences can be serious: employers may face warnings, infringement notices, or civil penalties, and in some cases, criminal prosecution. And yes, these penalties can still apply if the breach was unintentional.
How to verify work rights & conduct VEVO checks
To complete a VEVO Check, you'll need to collect the necessary information, including the candidate's name, date of birth, nationality, and passport number at the very minimum. The latter is the most commonly used document submitted, given it features all required details, though an ImmiCard is another viable option.
By comparison, Australian or New Zealand citizens can simply provide a passport, birth certificate, or citizenship certificate as proof of work rights.
In the unlikely event a foreign worker does not have their passport on hand, it’s still possible to perform a VEVO check if they can provide their passport number. Though this is not recommended – you generally want to verify identity with a photo ID prior to commencing employment.
To carry out a VEVO check, you must register as an employer with the Department of Home Affairs (DHA). Once registered, you can log in, enter the relevant worker details, and view the result of said check. You can access the VEVO system through the DHA website or via an integrated HR system such as Xemplo (which is connected to VEVO directly).
In Xemplo, work rights checks are part of the onboarding process, and follow-up checks are performed automatically at regular intervals. This removes the need for manual tracking and reduces chances of missing important changes to a worker’s visa.
Common conditions that can be applied to a visa include limits on the number of hours someone can work within a specified period, such as 48 hours per fortnight for most study and temporary visas, along with limits on the amount of time an individual can work for the same employer, such as the six-month restriction that typically applies to Working Holiday Maker visas. If a worker is not allowed to work in Australia altogether, the system will flag this (visas may be valid for travel or study only).
Whatever the scenario, identity documents need to be collected and stored securely. Avoid using email to request or share sensitive personal information.
Why VEVO checks must be done regularly
Initial checks will not suffice. As previously mentioned, visa conditions can change, therefore employers are obligated to continue monitoring workers’ rights throughout their engagement.
As immigration law expert Leah Kang explains: “Businesses should generally perform VEVO checks every three months for temporary visa holders, as their work rights might change or their visas could be cancelled without notice. In some cases, like with Bridging Visas, more frequent checks may be needed. But this varies, and we can advise if necessary.”
For workers on Bridging or other transitional visas, weekly checks may be appropriate.
On a related note, if a worker in your business receives a new passport, you will need to cite the updated document and provide the new travel document information to VEVO for a new check. In Australia, visas are electronically linked to passports used during the visa application process; workers must notify the Department of Home Affairs of any new passport so it can be connected to their visa, usually by updating their passport details in their ImmiAccount.
It's a good idea to maintain a register of passport and visa expiry dates for your workforce. For workers who are not citizens or permanent residents, follow up before their current visa or passport expires to ensure they can provide updated information required for a new check to confirm their continued work eligibility.
Simplifying VEVO checks with the right systems
Reviewing VEVO check results and managing anomalies, such as exceptions or visa renewals, can be time-consuming without a structured approach.
Onboarding software solutions like Xemplo offer VEVO checks directly within the platform when a worker joins your business, cutting down the need to manually enter data and interpret results via the DHA website.
With Xemplo, work rights checks (including VEVO) are completed directly with the DHA when a worker joins your business, and automatically every seven days thereafter to ensure all visa information is up to date. For workers on Bridging or other applicable visas, this aligns with the need for more frequent monitoring.
Xemplo also securely collects worker information (i.e. passport and visa details) during onboarding, allowing authorised team members to access VEVO check data straight from a user-friendly dashboard. Expiry information is then tracked automatically, and the software sends alerts when a passport or visa is due for renewal. Workers can even update their passport details, which is forwarded to the relevant parties for review.
Stay informed, reduce risk
Managing compliance is an ongoing responsibility. Granted, deploying the right HR measures and staying up to date with workforce legislation can prove difficult. But leveraging a platform like Xemplo to access current guidance will make it easier to stay ahead of the curve (and avoid risk). And if you're not a Xemplo user? Perhaps it's time to stop tying your hands behind your back...
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