Employment rights for visa holders and migrants

Share on facebook
Share on twitter
Share on linkedin

All people working in Australia, including sponsored and non-sponsored visa holders have certain rights and protections at work which are not affected by contract clauses and written agreements. These rights relate to pay rates, workplace conditions, work hours, parental and adoption leave, paid leave and notification of termination and redundancy.

You can find out more about your rights as a worker on the Fair Work Ombudsman’s website. If you believe your rights as a worker are not being met, you should contact the Fair Work Ombudsman. Their services are 100% free for all workers.

Does my employer have any control over my visa?

No. Only the Department of Immigration and Border protection can grant, refuse or cancel visas, however, if your employer terminates your employment while you are on a sponsored visa, you have three options which must be actioned within 90 days:

  • Apply for a different visa
  • Find a new employer to sponsor you
  • Leave Australia within 90 days or before your visa expires, whichever comes first

You can find out more about the terms of your visa on the Department of Immigration and Border Protection’s website, or our registered migration agents can help you to apply for a visa that is appropriate for your situation.

Australia is a beautiful country and one of the best places in the world to work because of workers’ rights, don’t get caught out  by dodgy employers. If something doesn’t seem right, make sure you contact either the Fair Work Ombudsman or the Department of Immigration and Border Protection.Your rights as a worker in Australia

Leanne Stevens

CEO, Emergico // Registered Migration Agent (#1171279)

Close Menu

Let's find out what's possible.

Start your visa eligibility check.

  • This field is for validation purposes and should be left unchanged.

Let's See What's Possible

Start your visa eligibility check

  • This field is for validation purposes and should be left unchanged.

Let's See What's Possible

Start your visa eligibility check

  • This field is for validation purposes and should be left unchanged.