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Hiring an overseas worker

Date:
By Hayley Peel CCI
Categories: Employees | Legal

Learn how to employ an overseas worker and know the requirements you need to meet as the employer.

When you employ people from overseas, the process is slightly different from hiring Australian citizens, permanent residents or New Zealand citizens.

Hiring people from overseas

You can employ an overseas worker in 2 ways:

  • employ a non-citizen who is already in Australia whose visa allows them to work, such as an international student or a working holiday visa holder
  • sponsor a skilled worker who lives overseas or temporarily in Australia for a work visa on a permanent or temporary basis.

The Department of Home Affairs manages and administers work visas for overseas workers.

If you’re considering hiring someone who already holds an Australian visa, check out the Hiring someone in Australia step-by-step guide on the Home Affairs website.

Alternatively, if you’re thinking of sponsoring someone for a work visa, learn about the visa options for workers, how much it costs and how to sponsor someone.

For professional advice, talk to a registered migration expert. You can search for an agent on the Office of the Migration Agents Registration Authority website.

Employer obligations

Check visas

As an employer, it's your responsibility to make sure your employees are eligible to work in Australia:

  • Use the free online service Visa Entitlement Verification Online (VEVO) to check if your employees are eligible to work in Australia.
  • Check the conditions of your employees' visas for any requirements you need to meet as the employer.

It's important to note that even if a non-citizen has work rights in Australia, there may be restrictions on the amount and type of work they can undertake. For example, student visa holders can generally only work up to 40 hours in a fortnight, and working holiday visa holders can generally only work for the same employer for 6 months.

You'll have additional reporting obligations if you sponsor an overseas workers for a work visa.

Entitlements, tax and super

Migrant workers, including working holiday makers and international students, have the same workplace rights as other workers in Australia (including the same pay rates).

Our free Employment Contract Tool can help you to create a contract that meets entitlements under the Australian Fair Work system.

If you employ working holiday makers, a special tax rate applies. You can check your tax and super obligations for working holiday makers on the Australian Taxation Office website.

State and territory resources

Each state or territory has information that will help you sponsor and/or employ an overseas worker: