Discover Real-Time Visa Insights About Your Employees with VEVO
AHWC Immigration Law
We help employers and individuals find the perfect Australian migration solutions, no matter where in the world you are.
VEVO
VEVO allows an employer to check the visa status of their foreign workers online at any time, and any conditions attached to their visa, including work conditions and restrictions.
All employers must become familiar with the VEVO (Visa Entitlement Verification Online) system.?As an employer, it is simple to use, but many third party providers will do your VEVO checks for you?(AHWC Immigration Law included).
Having a third party do VEVO checks may remove accessorial liability from an employer as the DHA will likely regard outsourcing?VEVO checks as a reasonable step to ensure workers are not unlawful and comply with their work conditions. This statement is predicated on the employer receiving regular reports from the VEVO checking company and correctly implementing the results. Such actions would include removing any unlawful workers from the workplace, ensuring that workers comply with the visa conditions listed on the report, and applying for new visas or leaving Australia before their visa expires.
NB: VEVO confirms a person’s visa status but not their identity.
VEVO does not confirm a person’s identity. It is therefore critical for all employers to verify their workers’ identity by seeing their identification documents and ensuring that these match the VEVO results if these have been provided to you by the visa holder or a third party.
VEVO checking an unlawful person
Performing a VEVO check on an individual without a valid visa (and thus considered unlawful) could result in the DHA reaching out to you.
If a VEVO check reveals that an individual is an unlawful non-citizen without a visa, it may result in a visit from the Department of Immigration to your workplace or a request from the DHA for their identity information and whereabouts via mail or email.
The Department also has powers under the Act to compel employers and other organisations (such as banks) to provide all information they have on record for unlawful non-citizens. Under the Migration Act, it is mandatory to respond to the DHA’s request - refusal to comply with such requests may result in a six-month custodial sentence!
Lawyers can resist such requests because the can claim legal professional privilege. Using a lawyer or law firm to perform VEVO checks on your behalf may be helpful to protect any adverse information about a worker that VEVO may uncover.
VEVO Availability
The VEVO system is available 24 hours a day, seven days a week, to enable an employer to always have the means to check its foreign workers.
As stated already, employers may also engage third-party providers, including AHWC Immigration Law to provide VEVO checks and reports on their behalf.
Using VEVO
Employers register for VEVO by using the Department’s online registration form.
This form facilitates first setting up an ImmiAccount.?
Employers need their Australian Business Number (ABN) to complete this process.
Employers will require their employee’s or potential employees’ passport bio page (i.e. the page with the photograph, date of birth, and visa expiry date) to complete a VEVO check. You also need your worker’s consent to do the VEVO check.
As part of the employment intake, employers should seek a copy of the employee’s passport bio page and written consent to conduct regular VEVO checks.?
We don’t recommend allowing employees to conduct their own VEVO checks
It is strongly recommended that employers prioritise conducting regular VEVO checks on their employees or seek the assistance of a dependable third-party verifier. By doing so, they can effectively evade any potential penalties that may arise.
What can you see on a VEVO printout?
Upon performing a VEVO check, an employer will be presented with the following information about their employees’ visa status:
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Employers should print out their VEVO results and physically save them as hard copies or keep them electronically in each employee’s file.?
The VEVO database or search engine does not retain a copy of each VEVO search (although it should be possible to obtain such searches through Freedom of Information (FOI) requests).?
As an employer, it is crucial to retain and file the VEVO searches conducted to avoid hefty fines, potential criminal penalties, and other negative outcomes associated with hiring illegal workers. It is in the best interest of all employers to prioritise this.
Keeping evidence ofregulara VEVO checks means that, if required, an employer will be able to demonstrate to the Department that they took reasonable steps to check each worker’s status - even if, at the time of a DHA monitoring exercise, an employee is found to be unlawful or working in breach of their visa conditions.
If the VEVO check results show no information about the person you searched for, what should you do?
If a VEVO check states that the Department has no details of the person being checked, immediately ensure that the employee has not changed their passport and seek a copy of their visa grant notice which should have been sent to them or their migration agent by email.?
If the employee has not changed their passport, usually, the most likely explanation is that the employee’s visa has expired and they have become unlawful.
What action should be taken when an employee is found to be an illegal worker?
If you find that an employee is working contrary to their visa conditions or they don’t have a valid visa:
When an employee is found to have breached the conditions of their visa or does not have a valid visa, it is important for the employer to provide written notice to the employee. The notice should inform the employee that their employment will be suspended immediately until they can reinstate their work rights and provide evidence of a valid visa. A copy of the VEVO printout should be given to the employee.
We hesitate to suggest that employees who are not authorised to work in the country be told to reach out to the Department of Home Affairs for clarification. It would be more advisable to advise them to consult with an immigration lawyer who can provide unbiased guidance and practical solutions.
A copy of the VEVO printout should be given to the employee.
There is no obligation under the Migration Act or Regulations to report the employee (or ex-employee by this stage) to the Department of Home Affairs. An employer’s sole obligation in this situation is not to employ someone whose work rights have expired.
Fair Work Australia
Terminating an unlawful worker can still lead to unfair dismissal allegations from the dismissed employee. We recommend seeking employment law advice under these circumstances.
AHWC Immigration Law - experts in employer compliance
Are you an employer in Australia seeking to navigate the complexities of immigration law and ensure compliance with the latest regulations for your overseas employees? Look no further! AHWC Immigration Law specialises in assisting employers like you to seamlessly navigate the Australian immigration landscape.
Stay ahead of the curve and safeguard your business by partnering with us. With our expert guidance, you can mitigate risks, streamline processes, and foster a workplace that thrives on diversity and inclusion. Together, let's build a strong foundation of compliance and uphold the values that make your business great.
Don't let immigration law complexities hinder your business's growth and success. Take the proactive step today and reach out to us. Your peace of mind and your overseas employees' welfare are our top priorities.
Let us help you feel confident about immigration compliance. Contact us now!"
Maggie Taaffe | www.ahwc.com.au
Ph: +61 3 9573 5200
Email: [email protected]