Work Visa Compliance: Your Legal Obligations to Employers in Australia & New Zealand

Your visa will come with specific conditions that dictate your right to work. Common obligations include working only for an approved employer if you are on an employer-sponsored visa, adhering to occupation, location, or industry restrictions specified in your visa, not working more than the allowed hours such as student visa holders who can work up to 48 hours per fortnight, and maintaining a valid visa status.

Regardless of visa status, you are entitled to the same workplace rights as any other worker under Australian and New Zealand law. You must adhere to the terms of your employment contract, follow workplace policies and procedures, comply with occupational health and safety regulations, and give the required notice period if resigning, as specified in your contract or relevant employment laws.

You must provide truthful information about your qualifications and work rights. Engaging in illegal activities, including working outside visa conditions, providing false information, or breaching contractual obligations, may lead to visa cancellation. If you are on a sponsored visa and change jobs, your new employer must be an approved sponsor, and you must notify the relevant immigration department. Failure to do so can result in a breach of your visa conditions.

New Zealand work visa holders must adhere to their visa conditions, which typically include working only for an approved employer if on an employer-specific visa, staying within the specified job role and location, and not exceeding the permitted work hours if on a student or other restricted visa. Under New Zealand employment law, all workers regardless of visa status are entitled to fair treatment. This means following the terms of your employment contract, abiding by workplace rules and policies, ensuring workplace health and safety compliance, and providing proper notice upon resignation.

Misrepresentation of qualifications, working illegally, or breaching contract terms can lead to severe consequences, including visa revocation and deportation. If you are on an employer-sponsored visa and switch jobs, you must ensure your new employer is accredited and apply for a new visa if required. Inform Immigration New Zealand or the Australian Department of Home Affairs about any changes to your employment situation.

Failing to meet your legal obligations can result in visa cancellation, deportation, fines and legal penalties, difficulty obtaining future visas, and loss of employment rights and protections. Overstaying your visa can have serious implications for future work rights, including being banned from re-entering the country for a specified period, facing greater scrutiny on future visa applications, and having reduced opportunities for sponsorship by employers. If you are working in Australia or New Zealand on a work visa, it is crucial to understand and comply with your legal obligations. Always check your visa conditions, adhere to employment laws, and report any changes to immigration authorities. If you are unsure about your obligations, seek advice from an immigration lawyer or relevant government department to ensure compliance and protect your rights as a worker.