What is a right to work document?
Navigating the world of employment in Australia? There¡¯s one foundational element that always comes first: having the right to work. Whether you¡¯re a citizen, permanent resident or a visa holder, proving your eligibility to work is a non-negotiable part of seeking employment. And for employers, verifying a prospective employee¡¯s right to work is just as important.
In this article, we'll break down what the right to work means, what documents are needed to prove the right to work and who¡¯s legally allowed to work in Australia.
What does right to work mean in Australia?
In simple terms, your right to work is your legal right to hold a job or conduct business in Australia. Only people with a certain status are allowed to work in Australia ¨C and that includes being an Australian citizen, a permanent resident or a visa holder with work rights.
While Australian citizens and permanent residents usually have full work rights, visa holders might face certain restrictions depending on the type of visa they hold.
Why does this matter? Employers can face hefty fines and legal trouble if they hire someone who isn¡¯t legally allowed to work in Australia. On the other hand, workers who breach their visa conditions and work illegally can face visa cancellation or deportation.
What documents prove your right to work in Australia?
Having the right to work comes down to holding the right documents. There are a few key documents employers will want to see when a prospective employee applies for a job.
Here are some of the most common documents:
Full Australian birth certificate (born before 20 August 1986) and photo ID: This automatically grants full working rights in Australia
Full Australian birth certificate (born on/after 20 August 1986), photo ID and parent¡¯s citizenship/residency proof: This grants full working rights if Australian citizenship is confirmed
Australian citizenship certificate: This grants unrestricted working rights in Australia
Australian passport: This confirms Australian citizenship with full working rights
New Zealand passport: This allows unrestricted working rights in Australia under the Trans-Tasman Travel Arrangement
New Zealand birth certificate and photo ID: This may require a Special Category Visa (SCV) for working rights in Australia
Certificate of evidence of resident status: This confirms permanent residency, granting full working rights
Valid visa with work rights: This grants working rights dependent on visa conditions like temporary, restricted or full working rights
Who can legally work in Australia?
For both employees and employers, understanding who¡¯s allowed to work in Australia (and under what conditions) is key to a smooth working process.
Australian citizens
Australian citizens can work freely, with no restrictions on employment. Whether applying for a casual job or starting a full-time career, their work rights are confirmed.
Australian permanent residents
Permanent residents also can access indefinite work rights, meaning they can work for any employer in any industry. Documents like a CERS or a permanent visa label will prove their eligibility.
New Zealand citizens
New Zealand citizens won¡¯t need to apply for a visa to work in Australia ¨C they usually receive a temporary one on arrival. This visa allows them to visit, study and work in Australia. Some restrictions do apply.
Temporary visa holders with work rights
For those on a temporary visa, work rights can vary significantly. Different types of visas allow different working rights, including the type of work and hours per week allowed.
Some of the most common visas with working rights include:
Student visa holders (subclass 500): People on this visa can work up to 48 hours per fortnight during the study period and unlimited hours during study breaks
Working holiday visa holders (subclass 417 and 462): People on this visa are usually young travellers between 18 to 35, from eligible countries. Usually this visa allows you to work for an employer for up to six months, unless you are in a specific industry.
Temporary skill shortage visa holders (subclass 482): This visa allows skilled workers to work for a sponsoring employer in a specific occupation
Temporary graduate visa holders (subclass 485): This visa allows recent graduates the opportunity to gain practical work experience
The importance of verifying work rights
Employers are legally required to confirm a potential employee¡¯s work rights before hiring. For employees, ensuring your documentation is valid and up-to-date can help prevent immigration issues in the future.
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