Visa holders and migrants

Help in your language

For workplace advice in your language, you can:

  • translate pages by choosing your language from the menu at the top of the page
  • find information and resources in our Language help section
  • call the Translating and Interpreting Service on 131 450 and ask them to call us on 13 13 94.

Getting help - International students

If you're an international student, you can come to us for help if you’re having issues in the workplace. Your visa won't be cancelled because you ask for our help. We can help with issues including:

  • not getting the right pay
  • leave and other entitlements
  • notice of termination.

We have case study videos about how you can get help and how we can help resolve issues.

For information, read our International students fact sheet.

Visa holders and migrant workers have the same workplace rights and protections as all other employees in Australia.

On this page:

Our role as the Fair Work Ombudsman

We regulate workplaces in Australia.

We provide free advice, education and help to all employees so they can understand their workplace rights. Your visa won't be cancelled if you contact us or ask us for information or help.

Case study – Migrant worker Vivek’s story

Vivek, an aged care worker, shares his story about how we helped him understand his workplace rights and obligations. This gave him the knowledge and confidence to resolve his workplace issue.

Protections for migrant workers

Migrant workers in Australia have the same rights and protections under the Fair Work Act as other employees. This includes things like:

  • pay and wages
  • leave and other entitlements
  • protection from discrimination
  • notice of termination and final pay.

Migrant workers continue to have these entitlements and protections regardless of their migration status under the Migration Act 1958. This includes situations under the Migration Act when a migrant worker:

  • has breached a condition of their visa
  • doesn’t have work rights, or
  • doesn’t have the right to be in Australia.

There may still be consequences under the Migration Act for migrant workers who don’t comply with their visa conditions or the Fair Work Act. A breach of the Migration Act also doesn't affect whether an employment contract or a contract for services is valid under the Fair Work Act.

Visa conditions

If you’re a migrant worker in breach of your visa conditions, you can still ask for our help to receive your minimum entitlements.

Example: Migrant worker not being paid for time worked

Leon is a kitchen hand in a restaurant. He has a student visa which allows him to work for 48 hours a fortnight. Over the past month, his boss Sam, made him work 60 hours a fortnight.

When Leon checked his pay slip, he realised he was only paid for 48 hours each fortnight, not the 60 hours he worked.

Leon spoke to Sam about the underpayment. Sam told Leon that his visa only allows him to work for 48 hours a fortnight and he won't pay Leon for the other 12 hours he worked.

Leon knows that working more than 48 hours each fortnight may be a breach of his student visa. He also knows he's entitled to the pay and protections under the Fair Work Act.

Leon decides to contact us for information and help on what he can do next.

Prohibited employers

Employers who seriously, deliberately or repeatedly break the law may be banned from employing more migrant workers for a period of time. This is to protect migrant workers.

The business name and ABN of a banned employer will be published on the Australian Border Force website.

Your visa rules

It's important to know the rules for your visa. Your visa may limit the type of work you can do in Australia. Some visas have rules about how many hours you can work (for example, international students) or what job you can do (for example, a seasonal worker).

The Department of Home Affairs (Home Affairs) can give you information about:

  • which visa to apply for
  • your rights and responsibilities under a visa
  • how to change and cancel your visa
  • how to apply for permanent residency.

To check your current visa details and conditions, you can:

For more information on workplace conditions for certain visa types, read our fact sheet on 482 and 457 visa holder's workplace rights and entitlements.

Visa protections

Your employer can't cancel your visa, even if you've breached the conditions of it. Only Home Affairs can grant, refuse or cancel visas.

The Australian Government has introduced 2 programs to strengthen protections for visa workers experiencing workplace exploitation:

These new laws help visa workers seek help without worrying that their visa will be cancelled.

For more information visit, Visa protections – pilot programs.

Paying for visa sponsorship

It's illegal for someone to ask for, receive, offer or provide a benefit in return for visa sponsorship or employment that requires visa sponsorship. This is called 'paying for visa sponsorship'. Examples of this include where an employer:

  • makes someone pay them money in exchange for sponsoring them
  • makes someone pay back some of their pay each week in exchange for a visa.

If you think your employer is engaging in 'paying for visa sponsorship' activity you can contact the Department of Home Affairs.

Cashback schemes

Cashback schemes are also illegal. A cashback scheme is where an employer unreasonably requires someone to pay them in exchange for a job.

For more information, visit Requirements to spend or back pay money.

If you need our help about any deductions, cashback schemes or if an employer is asking for payment of any kind as a condition of a job offer, you can Contact us.

Pay and conditions

Visa workers are entitled to the same minimum pay rates and workplace conditions as any other Australian employee with the same job in their workplace.

Being paid

There are minimum pay rates that you must be paid, based on the work you do. To find out the minimum pay rates for your job, use our Pay and Conditions Tool.

Salary requirements

Some visas have extra salary requirements. Find out more about salary requirements for 482, 186 and 187 visa holders on the Department of Home Affairs website.

Pay slips

Your employer needs to give you a pay slip every time you get paid. To find out what a pay slip is and what should be on it, visit Pay slips.

Hours of work

You can easily keep track of how long you've worked for with our Record my hours app, which is available in multiple languages.

Minimum conditions

You also have minimum conditions at work. Conditions are rules about what employees get at work. This includes:

  • hours of work
  • breaks
  • rosters.

Minimum conditions can be found in:

You can also watch our short video for information about Working in Australia.

Tax and superannuation

When you start a new job, you need to give your employer your tax file number (TFN). Your employer will take out tax from your wage or salary. Your payslips will show how much tax has been taken out.

For more information about tax, visit the ATO website.

If you're a temporary resident working in Australia, your employer may also have to pay superannuation (super) for you.

Find out more about Super for temporary residents leaving Australia on the ATO website.

Pacific Australia Labour Mobility scheme and Vietnam Labour Mobility Arrangement

The Pacific Australia Labour Mobility (PALM) scheme is available to eligible Australian businesses. Under the PALM scheme eligible business owners can hire workers from 9 Pacific Islands and Timor-Leste when there aren’t enough local workers available.

PALM scheme employers working in primary industries may be eligible to hire Vietnamese workers under the Vietnam Labour Mobility Arrangement (VLMA).

All employees under the PALM scheme and the VLMA have the same workplace entitlements and protections as other employees in Australia.

For more information about the PALM scheme or the VLMA, you can also visit:

Contact us for help

If you need our help, you can:

Tools and resources

Related information