Working rights – How to get the right to work in Australia?

January 18, 2023    Migration Lawyer Perth
Working rights – How to get the right to work in Australia?

How to Get Working Rights in Australia?

Many people worldwide wish to come to Australia to work as there are various opportunities in the country. But you must know the difference between a permanent or temporary work visa if you wish to get working rights in Australia. There are more than 2 million temporary visa holders in Australia, and most of them have work rights.

They have work rights visas as they are a talented and valuable pool of workers for Australia. Many HR experts or professionals are familiar with employer-sponsored visas, and there are more than 150,000 457 visa holders in Australia. In this guide, you will learn more about the temporary visas that can offer you work rights in Australia.

1. Employer-Sponsored Visas

There are employer-sponsored visas in Australia, and as the visa is employer-sponsored, the employers have a good understanding of what this specific visa allows the employee to do. Those who look to apply for this visa are also aware of the expiration date.

But subclass 457 visas represent less than 10% of the country’s total number of temporary visa holders. Despite being on top, these visa holders only address a small portion of the problem. Before you look to apply for a working rights visa in Australia, you must know that there are more than 130 different types of visas in Australia.

Australian Visas That Can Provide You With Working Rights If you have the skills and capabilities to improve the workforce and economy of Australia, you may be eligible for migration to Australia by applying for a work visa, be it temporary or permanent. These visas are usually designed to encourage the applicants to acquire sponsorship via an employer or to secure the nomination.

There are many foreigners who want to live and work in Australia due to the lifestyle and employment opportunities. Some of the Australian visas that can provide you with working rights are as follows:

2. Temporary skill shortage visa or subclass 482

Are you required to fill a temporary skills shortage for an Australian employer?

Subclass 482 is a temporary visa that can allow skilled workers to work in Australia for around four years if an approved Australian employer sponsors them. Your work experience or professional skills need to be relevant to the position you are applying for in Australia.

3. Employer Nomination Scheme visa or subclass 186 visa

For Australian employers looking to sponsor international skilled workers to provide them work rights visas to work full-time in Australia, there is the subclass 186 visa. For this visa, the applicant must have specific qualifications or work experience in the nominated occupation and also be nominated in an eligible skilled occupation as provided in the Combined list of eligible skilled occupations.

4. Skilled employer-sponsored regional visa or subclass 494

This is a provisional visa in Australia under which you can reside in Australia for around five years from the date the visa is granted. You should be employed to work in the nominated occupation and in a position within the sponsoring business or as an associated entity of the business. This visa can also help provide a pathway to PR or a subclass 191 visa.

5. Designated Area Migration Agreement (DAMA)

Under the DAMA or Designated Area Migration Agreement, Australian employers can sponsor skilled and semi-skilled international workers for positions that they cannot fill with local workers. It can apply to the Australian states that have DAMA agreements; they are custom-made to address the current labour market shortages along with the local terms and conditions of employment in Australia.

6. Working holiday visa or subclass 417

Under this visa, you can not only enjoy an extended holiday in Australia, but you can also find short-term employment to fund your travels along with the Australian Working Holiday and the Work and Holiday visa programs. These are work visas that can help provide people between the age of 18 to 35 with an opportunity to live and work in Australia for around three years.

7. Training visa or subclass 407

This is an Australian visa for international workers wishing to temporarily come to Australia to participate in occupational training or professional development. You can consider this as another work rights visa that you can apply for to work in Australia.

8. Temporary work or short stay specialist visa (Subclass 400) visa

If you are granted a subclass 400 visa in Australia, you can stay in Australia for around three months when needed or up to six months in some exceptional cases. If you are granted a subclass 400 visa, it will be at the discretion of the assessing officer.

The Right to Work Documentation in Australia

Any visa applicant who will be recruited to an Australian business by the employer must have specific rights and proper documentation for employment in Australia. An Australian employer will be liable to employ an illegal worker if they knowingly do it. There are specific Australian working rights documents that can be considered acceptable proof to work in Australia.

What is Documentary Proof of the Right to Work?

These are proofs that can help give international workers the right to work in Australia. The following is the acceptable documentation that can allow an individual to work in Australia:

  • An Australian birth certificate
  • Australian passport
  • Australian citizenship certificate
  • Proof of permanent residence, such as an international passport with a VEVO check
  • A certificate of Status for New Zealand citizens in Australia, along with photo identification
  • A valid visa provides permission to work because not all types of visas allow people to work.

You can acquire certified copies of original, acceptable documents if you desire. If you wish, you can also have original documents certified by authorised individuals such as a Justice of the Peace or JP. If you are an Australian employer, you can keep all these on record in the employee’s file. You can contact a reputed lawyer in your area to learn more about this process.

Supporting Documentation

If the international employee provides acceptable documentation but is not a photo identification form issued by the Australian government, you can ask the employee to provide some Australian-issued supporting documentation that can serve as proof of identity:

  • Medicare card
  • Driver’s licence
  • Tax file number
  • Certificates that indicate the name change
  • Enrolment to vote in Australian federal or state election
  • Tenancy agreements or details of home ownership
  • Tertiary qualifications and trade certificate
  • References from past employers and employment agencies.

Contact Migration Lawyers Perth WA

Read the specific blog above to learn more about work rights visas in Australia and learn what they offer. If you need help in applying for a work visa, you can take the help of top lawyers in your area.

Contact Migration Lawyers Perth WA who can provide you guidance while applying for a work visa or advise you on ways to shortlist the best international workers for your business.

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