Employer’s questions: What are my responsibilities when employing a non-Australian?

The first thing that you need to remember when employing a non-Australian is that they have the same rights as any other employee in Australia. Recently the Senate has passed legislation, making it a crime to discriminate against an employee based on their visa status. This gives you an indication of the importance that the government is placing on protecting non-Australian employees.

If you are sponsoring someone on a subclass 482 visa, you will be aware that there is a list of sponsors obligations that you must adhere to. This list can be found here – https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/existing-sponsors/standard-business-accredited-obligations.

If you are employing other non-Australians, such as student visa holders, working holiday visa holders etc , you must ensure that they remain lawful and with work rights whilst they are working for you. Employing someone who does not have work rights can lead to substantial fines against you and potential removal from Australia for the employee.

These are just a few of the responsibilities that you would have as an employer of a non-Australian. If you wish to know more and how to ensure that all your employees remain lawful, please contact us at KU legal.

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