If you can’t find an Australian citizen or permanent resident for a job in your business, you could consider hiring an overseas worker.

The process is slightly different to hiring an Australian citizen, permanent resident or New Zealand citizen.

Ways to hire a non-citizen

You can either:

  • employ a non-citizen who is in Australia and already has a work visa
  • sponsor a skilled worker to get a work visa.

The Department of Home Affairs manages work visas for foreigners.

Employing a non-citizen already in Australia

Some visa holders can work while they are in Australia:

  • International students completing Australian qualifications can usually work during their course.
  • Australian-educated graduates with a temporary graduate visa can work in Australia after they finish studying. Visa holders may be able to stay for up to 3 years.
  • Working holiday makers are people aged 18 to 35 combining work with an extended holiday in Australia.

There are other types of visas with work rights. Visit the Department of Home Affairs website to see the options for hiring an overseas worker.

Sponsoring someone for a work visa

You can sponsor overseas workers to come to Australia and fill certain skilled roles in your business. You can also sponsor skilled workers who are already in Australia.

Sponsored work visas may be permanent or temporary. The sponsored person can’t work for anyone else while you are their sponsor.

For professional advice, talk to a registered migration agent. Find an agent through the Office of the Migration Agents Registration Authority.

Your obligations

Check visas

As an employer, you must make sure your employees are allowed to work in Australia:

Even if a non-citizen can work in Australia, their visa may restrict the amount and type of work they can do. For example:

  • student visa holders have a maximum number of hours they can work each fortnight
  • working holiday visa holders have limits on how long they can work for a single employer
  • sponsored employees can generally only work in jobs on the skilled occupations list.

Reporting on sponsored workers

You'll have extra reporting obligations if you sponsor an overseas worker for a work visa.

Entitlements, tax and super

Migrant workers, including working holiday makers and international students, have the same workplace rights as other workers in Australia. This includes the same pay rates.

Use our free Employment Contract Tool to create a contract under the Australian Fair Work system.

A special tax rate applies to working holiday makers you employ. Check your tax and super obligations for working holiday makers on the Australian Taxation Office website.

State and territory resources

State and territory governments have information to help you employ overseas workers:

Read next