Visa Compliance for Hospitality Employers: Essential Steps to Stay Legal in Australia & New Zealand

Malka Rosenbaum
Feb 2
2 min read

Ensuring Visa Compliance in Australian and New Zealand Hospitality: A Must for Employers

The hospitality industry in Australia and New Zealand thrives on a diverse workforce, with many establishments relying on skilled foreign nationals to fill critical roles. While international talent brings valuable expertise, ensuring compliance with visa conditions is not just a best practice—it is a legal requirement. Non-compliance can result in hefty penalties, reputational damage, and restrictions on hiring foreign workers in the future.

Key Compliance Measures for Hospitality Employers

1. Verify Work Rights Before Hiring

Before onboarding a foreign worker, employers must verify their work rights using the VEVO (Visa Entitlement Verification Online) system in Australia. This ensures that the visa allows the individual to work in the hospitality sector and clarifies any restrictions, such as limited working hours for student visa holders.

2. Monitor Visa Expiry & Work Conditions Regularly

It is not enough to check work rights at the time of hiring; employers must also:

Conduct quarterly VEVO checks to ensure the visa remains valid.
Track visa expiry dates and any changes in entitlements, including updates related to post-study work rights and bridging visas.

3. Stay Compliant with Migration & Employment Laws

Hospitality employers must adhere to the following key laws:

Migration Act 1958 (Cth) [Australia] – Prohibits employing non-citizens in breach of their visa conditions.
Fair Work Act 2009 (Cth) [Australia] – Ensures all employees, including visa holders, receive at least minimum wage and entitlements.
Workplace Relations Regulations 2006 (Cth) [Australia] – Outlines employment record-keeping requirements.

4. Ensure Proper Record-Keeping & Training

Maintaining comprehensive records is essential. Employers should:

Keep detailed records of visa checks and employment contracts.
Train HR personnel and managers on visa conditions and compliance obligations.

5. Avoid Unintentional Breaches

Visa conditions can be complex, and unintentional breaches can occur. Employers must be aware that:

Some visas only permit specific types of work (e.g., Subclass 482 TSS Visa holders must work in their nominated occupation).
Sponsoring employers have strict obligations, including ensuring correct salary payments and reporting any visa condition breaches.

What About New Zealand?

Hospitality employers in New Zealand must comply with similar visa regulations:

Immigration Act 2009 (NZ) – Requires employers to verify work rights before hiring.
Accredited Employer Work Visa (AEWV) Scheme – Establishes strict accreditation requirements for hiring foreign workers.

The Consequences of Non-Compliance

Failing to meet visa compliance obligations can have severe repercussions, including:

Fines exceeding AUD/NZD 300,000.
Bans on hiring foreign workers, impacting business operations.
Reputational damage, leading to loss of trust among customers and employees.

The Bottom Line

Regular visa checks, compliance audits, and proper training can safeguard both businesses and employees. If you are unsure about your obligations, seek professional legal advice to ensure compliance and avoid costly penalties.

How do you manage visa compliance in your hospitality business? Let’s connect and discuss best practices: malka@culinaryshepherds.com