As the leader of a healthcare organisation in Australia, you are likely aware of the increasing reliance on skilled international workers to address workforce shortages, particularly in nursing, aged care, and specialised health services. However, with the recruitment of non-citizen healthcare professionals comes a set of legal obligations that must be carefully managed. One such obligation, which is often misunderstood or overlooked, is the responsibility to ensure that all non-citizen employees maintain valid work rights throughout their employment.
In this blog, we’ll explain why regular VEVO checks are vital for healthcare providers, discuss the risks of non-compliance, and outline how to integrate these checks into your organisation’s HR processes to ensure you meet your legal obligations.
The VEVO system, operated by the Department of Home Affairs, is a free online service that allows employers to check the visa status and work entitlements of non-citizen employees. It provides real-time information on a worker’s visa subclass, expiration date, and any work restrictions attached to their visa.
For healthcare employers, using VEVO is essential for confirming that your staff has the right to work in Australia and understanding any limitations on their employment. This is particularly important in the healthcare sector, where compliance with visa conditions is crucial to maintaining the integrity of your workforce and protecting patient care standards.
While it may seem sufficient to check an employee’s visa grant letter at the start of their employment, this document only reflects their visa status at that specific moment in time. Visa conditions can change, sometimes without the employee’s immediate knowledge, which makes regular VEVO checks essential to ensure compliance throughout the employment relationship.
Non-citizen employees, including healthcare workers, may experience changes to their visa conditions after their initial visa grant. For example, a worker may switch to a different visa subclass, apply for a bridging visa, or face restrictions due to a change in their personal circumstances. Any such change could impact their work rights.
Healthcare providers must be proactive in regularly checking VEVO to stay informed of any alterations to a worker’s visa conditions. This is particularly important in healthcare, where visa conditions may include restrictions on the number of hours worked, types of employment, or specific conditions related to patient care roles.
One of the most significant risks of failing to conduct regular VEVO checks is non-compliance with Australia’s immigration laws. Healthcare providers who employ non-citizen workers without valid work rights can face severe penalties, including:
Hefty fines: Businesses can be fined up to $315,000 per breach of immigration law.
Revocation of Sponsorship: Healthcare organisations that are registered as Standard Business Sponsors (SBS) risk having their sponsorship status revoked if they are found to be in breach of visa conditions, which could prevent you from hiring international talent in the future.
Reputational Damage: In the healthcare sector, where trust and professionalism are paramount, non-compliance can damage your reputation with patients, partners, and regulators.
By conducting regular VEVO checks, healthcare providers can ensure that their non-citizen employees remain compliant with visa requirements and avoid the legal and financial consequences of non-compliance.
One of the most common issues that healthcare employers face is managing visa expiry dates. While visa grant letters provide initial expiry dates, these dates can change if an employee renews or switches their visa. If an employee’s visa expires and they continue working without valid work rights, both the employee and the employer can face legal repercussions.
Regular VEVO checks allow healthcare providers to monitor visa expiry dates and ensure that renewals or extensions are completed before the visa expires. This not only keeps your organisation compliant but also helps you plan ahead for any staffing changes that may be required.
Many non-citizen healthcare workers apply for new visas while they are already in Australia. In such cases, they are often granted a bridging visa that allows them to remain in the country while their new visa application is processed. However, not all bridging visas grant work rights, or they may come with specific conditions that restrict the type or amount of work the individual can perform.
Healthcare employers must stay informed of the specific conditions attached to bridging visas through VEVO checks. This ensures that your employees are working within the legal parameters of their visa and prevents any inadvertent breaches of immigration law.
Certain visa subclasses, such as student visas, may impose restrictions on the number of hours an employee is allowed to work. For example, student visa holders are typically limited to working 40 hours per fortnight during study periods. In healthcare, where shift work is common, these restrictions can easily be breached if not carefully monitored.
Regular VEVO checks allow healthcare providers to keep track of any work restrictions placed on their non-citizen employees and ensure that rosters and work hours comply with visa conditions. This is especially important in maintaining compliance and preventing unintentional breaches of immigration law.
Given the complexity of managing a diverse healthcare workforce that includes non-citizen employees, it’s essential to have a systematic approach to conducting VEVO checks. Here’s how healthcare providers can integrate VEVO checks into their HR processes:
Step 1: Register for VEVO Access
Healthcare providers must first register for VEVO access through the Department of Home Affairs. This will allow your HR or compliance team to conduct VEVO checks for all non-citizen employees. Ensure that multiple staff members have access to VEVO, so checks can be performed consistently.
Step 2: Schedule Regular VEVO Checks
Implement a schedule for conducting regular VEVO checks on all non-citizen employees. Ideally, these checks should be conducted every three to six months, or whenever there is a significant change in the employee’s visa status, such as renewal or transitioning to a new visa subclass.
Automating this process through your HR or payroll system can help ensure that checks are performed consistently and reduce the risk of oversight.
Step 3: Keep Records and Set Reminders
Ensure that your HR team keeps detailed records of each VEVO check, including the date of the check, the visa conditions at the time, and any follow-up actions taken. Set reminders for visa expiry dates, so your team can proactively manage renewals and extensions before any issues arise.
Step 4: Take Action on Changes
If a VEVO check reveals a change in visa conditions, such as a shift to a bridging visa or new work restrictions, take immediate action to adjust the employee’s role or work hours in line with the new conditions. This ensures that your organisation remains compliant and that the employee continues to work within the legal framework.
For healthcare providers who employ non-citizen workers, regular VEVO checks are an essential part of maintaining compliance with Australia’s immigration laws. Simply relying on a visa grant letter at the start of employment is not enough to fulfil your legal obligations as an employer.
By conducting regular VEVO checks, healthcare organisations can ensure that their non-citizen employees remain compliant with visa conditions, avoid the risk of significant fines and penalties, and protect their reputation within the healthcare industry. Integrating VEVO checks into your HR processes is a proactive step that safeguards your organisation while helping you maintain a skilled and diverse workforce.
If your healthcare organisation needs assistance in implementing VEVO checks or navigating complex immigration requirements, reach out to SOLVi Migration today for expert advice and support.