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Employing skilled foreign workers
Last updated July 2025
Your legal responsibilities when employing a foreign worker
Before employing someone, you must check they are lawfully entitled to work in Australia.
Generally, only Australian citizens, Australian permanent residents and New Zealand citizens on a valid passport have unrestricted work rights in Australia. All other people require a visa to work in Australia lawfully.
- knowingly or recklessly allow an illegal employee to work;
- allow or coerce a sponsored employee to breach the conditions of their work visa;
- coerce a sponsored employee to accept an exploitative work arrangement to avoid an adverse effect on their presence in Australia; or
- refer an illegal employee to work with another business.
These offences may expose you to up to 2 years’ imprisonment or up to 5 years’ imprisonment if the employee is being exploited.
You may also be prohibited from employing any additional foreign employees and the Department of Home Affairs may publish your name on a public list of prohibited employers. You can also attract the strict civil liability provisions if contravention of the Migration Act is established (even if there is insufficient evidence to establish the commission of a criminal offence beyond reasonable doubt). This can expose you to civil penalties of up to $79,200 as an individual or $396,000 as a body corporate.