What is a VEVO check and what do work visa conditions mean?
If you are not an Australian citizen, you must hold a valid visa to travel to, enter and remain in Australia. Ä visa grant usually comes with a set of conditions including applicable work rights. As a visa holder, you must comply with your visa conditions, or your visa may be subject to cancellation. As an employer, you must ensure you only employ people with the relevant legal work rights, or you may be subject to hefty fines and potential imprisonment under the Migration Act 1958.
VEVO stands for Visa Entitlement Verification Online system that can be accessed on the Department of Home Affairs website. It is an online system that allows visa holders, employers and other registered organisations to check current visa entitlements and conditions. You will generally need your passport and information from a Visa Grant Letter to access the VEVO check portal.
Please note that VEVO only checks the details of the visa that is currently in effect- meaning if you hold a bridging visa that has not come into effect yet, it will not be displayed in your VEVO check. If you have previously held other visas which have now ceased, the details of such visas will also not be shown in your VEVO check.
For this reason, we highly recommend an employer ask for a copy of the employee's current VEVO check or obtain permission to conduct a VEVO checkbefore hiring to ensure your immigration compliance.
Common work-related visa conditions:
The Migration Regulations 1994 set out the visa conditions and restrictions on specific work entitlement in Australia.
Condition 8101- No work
If this condition comes up in the VEVO check, the visa holder is not entitled to work in Australia. Employing such a person will put the employer at risk of a breach of the Migration Act 1958.
Condition 8104 and 8105- Work restriction
Condition 8105 is the mandatory condition imposed on a primary student visa holder, and condition 8104 is the mandatory condition imposed on their family members. If these conditions come up in the VEVO check, it means the visa holder is entitled to restricted work rights who are only allowed to work after the study commences and for a maximum of 40 hours only a fortnight which is reset every 14 days starting on a Monday while the study is in session. Temporary relaxation on this condition is in place until 30 June 2023.
Condition 8107- Work limitation
Condition 8107 is a mandatory condition imposed on subclass 408 primary visa holders. Depending on the stream of the subclass 408 visa they have been granted on, the visa holder is either allowed to be employed by a particular employer or undertake specific activities in Australia in relation to which the visa was granted. If this condition comes up in the VEVO check for a subclass 408 visa holder, which was granted under the Australian Government Endorsement Events stream (COVID-19 Pandemic event)- The employer must be aware that the visa holder must continue to undertake work directly associated with the event for which that the visa was granted.
Condition 8607- Must only work in the nominated occupation
Condition 8607 is a mandatory condition imposed on subclass 482 primary visa holders. It means the visa holder can only work in the nominated occupation and for the sponsored employer, as stated on the visa letter, unless an exemption applies. If you are a non-exempted visa holder, you must not work for a different employer or as a second job. As an employer, if you are not the specified employer on the visa, you must not employ the visa holder to work for you on their current visa. If you wish to employ the visa holder, you must have a Nomination Transfer Application approved before hiring can take place.
FAQs
Q: I am an Australian citizen. Do I need to provide a VEVO check verification to my employer?
A: No. The VEVO check is only for visa holders who are non-Australian citizens.
Disclaimer: please note that the above information is a general guide only and does not constitute immigration advice. Immigration laws and policies and complex and change regularly. If you would like to seek specific advice on this topic, please book a consultation with us to get started.