Immigration and Relocation

Our legal responsibility

All Australian Employers have the obligation to validate the legal right to work in Australia of all their staff. This means, before appointing a new staff member, employers must validate Australian citizenship or validate the work rights of non-citizens.

What evidence is needed?

Verification of Australian citizenship will be in the form of:

• an Australian Passport; or
• an Australian birth certificate; or
• an Australian Citizenship Certificate.

If the employee is a non-citizen, the University has an obligation to validate the work rights according to their visa. This can be done by requesting copies of:

• the Passport of the non-citizen; plus
• their Visa Grant Notification and/or a Visa Entitlement Verification Online (VEVO) check, using the Department of Home Affairs VEVO service.
• For citizens of New Zealand, the passport photo page only is required.

Who does the work rights checks at Griffith?

For fixed term and continuing staff, checks are undertaken by Human Resources upon the new staff member's initial appointment. HR will gather work rights evidence, enter to PeopleSoft and send to staff file.

For casual and sessional staff, work rights checks are undertaken by the relevant Element supervisor. Refer to the 'Employing Casual and Sessional staff' section below for more information and guidance.

Our employer obligations – ongoing right to work

In addition to validating the legal right to work in Australia of all their staff, where the employee is a temporary visa holder, the employer must take “reasonable steps, at reasonable times” to validate the work rights are maintained throughout their employment. This essentially means undertaking VEVO checks periodically to ensure their visa continues to be valid and their work conditions are unchanged.

Employers must also keep records of the evidence of work rights they have checked. At Griffith, we record work rights information in PeopleSoft and keep copies on the staff file.

Has anything changed recently?

Since July 2019, every Australian employer is obligated to report pay activity to the ATO on a pay cycle basis via Single Touch Payroll. The ATO now has almost real-time information on who is being employed and actively paid in Australia and they may share this data under the data matching arrangements with the Department of Home Affairs.

What happens if we don't comply?

Employers who do not take reasonable steps to check work rights can be found to have committed an offence under the Migration Act and may face significant penalties, including civil and criminal penalties. These include possible imprisonment and/or substantial fines for the responsible person. It is therefore critical that we comply with these requirements to avoid potential legal and financial consequences. Furthermore, as Griffith is an approved Sponsor, if we do not meet our sponsorship obligations, we may be barred from sponsoring non-citizens to work at Griffith for a period of time, or lose our right to sponsor entirely. This will affect our ability to attract high quality talent from around the world.

Questions about meeting our employer obligations may be directed to immigration@griffith.edu.au

The University may sponsor non-citizens for appropriate visas as required for academic and senior professional staff appointments. Casual staff are not sponsored by the University. Approval for the type and timing of the visa application is provided by the relevant University delegate.

Fixed Term positions

The University will sponsor eligible non-citizens successful in securing an advertised fixed term position for a Temporary Skill Shortage (subclass 482) visa, provided the advertisement met Department of Home Affairs requirements, as follows:

• Labour Market Testing - the advertisement must be published for a minimum of 4 weeks, in three publications with national reach (including the Workforce Australia website), and include all specified details of the position; and
• The nomination (sponsorship documents) must be lodged within four months of the advertisement publication date.

This visa allows for work for up to 4 years for academic staff and certain senior professional staff. For more information about this visa, please visit the Department of Home Affairs:

• Temporary Skill Shortage (subclass 482) visa.

Continuing positions

The University will sponsor eligible non-citizens successful in securing a continuing academic or senior professional position. Sponsorship may be for either a temporary visa in the first instance, with permanent residence visa after a minimum period; or a permanent residence visa. Where the hiring manager seeks permanent residence from commencement, Kent will make an assessment of the best visa type based on the candidate’s qualifications and experience, and the duration and duties of the position. The most common permanent residence visa sponsored by Griffith University for candidates under 45 years of age is the Employer Nomination Scheme (subclass 186) visa. For more information about this visa, please visit the Department of Home Affairs:

• Employer Nomination Scheme (subclass 186) visa.

Costs

There are significant costs associated with both temporary and permanent residence visas, as a well as delayed processing times. Costs are met by the relevant Element.

Queries about these visas and/or costs may be directed to immigration@griffith.edu.au.

For casual and sessional staff, work rights checks are undertaken by the relevant Element supervisor. When engaging the appointee using the online engagement form, the supervisor is required to confirm that they have checked the person’s work rights and sighted the evidence.

Refer to the ‘Checking work rights’ above for information on what evidence should be requested and why it is important.

Existing casual and sessional staff

Staff who have been previously employed by the University on a casual basis may have provided work rights evidence in the past. However, the type of visa and the work conditions attached to that visa may have changed, therefore a check of the current work rights must be undertaken. Where the staff member is a temporary visa holder, the University has the obligation to take “reasonable steps, at reasonable times” to validate the work rights are maintained throughout a non-citizen’s employment. So re-checking evidence is not a bad thing!

New Australian and New Zealand casual and sessional staff

Where a new casual staff member is an Australian or New Zealand citizen, the evidence can simply be uploaded by the staff member as part of their onboarding. This will ensure it is captured in the system and a copy automatically sent to their staff file. A more compliant automated process is currently being developed—watch this space!

New casual and sessional staff from overseas

Where a new appointee is a non-citizen, we must confirm that their visa allows them to perform work and confirm the duration of visa validity.

If the visa is permanent, the person has unlimited work rights and the supervisor can simply email the passport photo page and VEVO check to the People Services Team at hrandsafety@griffith.edu.au. The details will be entered to PeopleSoft and sent to the staff file to meet our Employer Obligations under the Act.

If the visa is temporary, the supervisor should check the following:

1. Expiry date – depending on the visa, the expiry date may show as “Stay Until” or “Length of Stay”. Examples:

Where the expiry date of the visa is not explicit (e.g. "10 months from date of first arrival"), a VEVO check should be undertaken to ascertain the actual visa expiry date. After the person has arrived onshore, a VEVO check will show the actual date being the number of months from the actual date of entry.

You can create an account in VEVO or you can request the appointee to provide a current VEVO check.

2. Work Conditions - there is a section in the visa grant notification for work conditions, if any. For example, non-citizens on Student visas may be restricted to a certain number of work hours while their course is in session. In this case, the supervisor must ensure that the visa holder's hours are changed accordingly. Refer to the “Employing Staff on Student (subclass 500) visas” section below for more information.

The engagement should not exceed the visa expiry date or breach any work conditions.

The supervisor should keep a record locally for non-citizens on temporary visas so that the expiry date and work conditions can be monitored. The passport photo page, VEVO check and visa grant notification must also be emailed to the People Services Team at hrandsafety@griffith.edu.au. The details will be entered to PeopleSoft and sent to the staff file to meet our Employer Obligations under the Act.

Supervisors of staff holding a Temporary Activity (Research) (subclass 408) visa must contact immigration@griffith.edu.au if the staff member leaves or there is a change in their duties. The University has an obligation to notify the Department of Home Affairs of certain events such as these, or sanctions may be imposed on the University.

Where an Element would like to appoint a visitor to an unpaid visiting appointment, there are visa options based on the duration of the visit.

Up to three months: There are multiple visa options for short visits and the visitor should seek independent advice about the best visa for them and their situation. This is because there are many personal factors that determine the best visa type such as nationality, age, current visa held (if any), purpose of visit, etc. Please direct them to their local Australian consulate for information on entering and working in Australia. Candidates must secure their visa before an offer is finalised.

Three months to two years: The Temporary Activity (subclass 408) (Research) visa allows non-citizens to observe or take part in a project at an Australian University. This visa may be suitable for:

• academics who have made significant achievements in their field and who are employed, or were employed in the past, as an academic at a tertiary institution, and who have been invited to observe or take part in an Australian research project with the University, or
• students or recent graduates of an overseas educational institution who have been invited to undertake research related to their field of study at the University.

The 408 visa is valid for up to two years and is suitable for both paid and unpaid appointments. The candidate should check with their local consulate that this visa is suitable for the purpose of the proposed appointment.

Where an Element is interested in inviting an overseas academic/research student to undertake a visiting research appointment, they will be required to prepare a letter of invitation outlining the details of the research project which the invitee will submit with their visa application. This letter is different to the Griffith University offer of appointment—the Element will still need to arrange for a direct Visiting Fellow/Scholar appointment for approval by the relevant Senior Officer, via SmartRecruiters. Please speak to the Talent Acquisition Team who can provide the template invitation letter and clarify the process.

For more information about this visa, please visit the Department of Home Affairs:

• Temporary Activity (subclass 408) (Research) visa.

Other temporary visas

Training (subclass 407) visa

The University occasionally offers workplace-based training for overseas people to improve their skills for their job, area of tertiary study, or field of expertise. The Training visa is valid for up to 2 years. The visa requires sponsorship by the University and this is managed by our external partner, Kent Relocations Group. The hosting supervisor will be asked to provide details about the intended trainee, the purpose or type of training and how the training will be provided.

For more information about this visa, please visit the Department of Home Affairs:

• Training (subclass 407) visa.

Working Holiday visas

Certain eligible people may be granted a working holiday visa which will allow them to work with one employer for up to 6 months with one employer.

For more information, please visit the Department of Home Affairs:

• Working Holiday Maker Program.

Bridging visas

Bridging visas allow non-citizens to remain in Australia while their application for a substantive visa is being processed. Only certain bridging visas allow the person to work, so the visa grant notification should be requested, and the Conditions checked. The Conditions will match those of the previously held substantive visa and do not always include work rights.

There is a mandatory requirement for the status of a holder of a bridging visa to be checked every 3 months via VEVO. This is to ensure that if the visa being applied for is refused, as the employer, we become aware that the staff member no longer has work rights.

For more information about bridging visas, please visit the Department of Home Affairs:

• Bridging Visas.

Work conditions

Non-citizens holding a Student (subclass 500) visa are able to work however there are restrictions on when and how many hours may be worked, depending on the course being undertaken (condition 8105). The restrictions apply to Diploma, Undergraduate and Masters by Coursework students, but do not apply to Masters by Research and PhD students.

The visa grant notification should be checked to determine if any work restrictions are in place. In particular, if there are limits on the number of hours per fortnight (48) which may be worked while the course is in session. Students are not permitted to work before their course commences, unless they already hold a student visa granted for a previous course or are on bridging visa with work rights attached.

Supervisors must ensure staff holding Student visas do not breach the conditions of their visa, as the supervisor may be personally liable and subject to civil or criminal penalties (see section 245AC of the Migration Act 1958). The student may have their visa cancelled and be subject to removal from Australia.

The supervisor should keep a record locally so that the expiry date and work conditions can be monitored and adhered to. Managers with access to the HR Dashboard can also check the citizenship status and visa types/dates of their staff at My Summary dashboard > My Workforce folder > Citizenship/Visa.

For more information about these visas, please visit the Department of Home Affairs:

• Student (subclass 500) visa.

Queries about employing staff on Student visas may be directed to immigration@griffith.edu.au.