If you check your status on the Visa Entitlement Verification Online (VEVO) system and see an unexpected flag, it can be an incredibly stressful experience. While VEVO typically displays your visa type, expiry date, and specific work conditions, seeing a message regarding an “investigation” or a “referral” is a serious indicator that requires immediate attention.

The short answer is: If your VEVO check does not clearly state that you have “full work rights” or “restricted work rights,” you should assume you are not legally authorized to work until the matter is resolved.

What Does an “Investigation” or “Referral” Flag Mean?

When VEVO displays a message indicating that your visa status is under investigation or referred to the Department of Home Affairs, it generally means that the Department is currently reviewing your immigration status. This can happen for several reasons:

• Visa Cancellation Proceedings: The Department may be considering cancelling your current visa due to a suspected breach of conditions.
• Administrative Review: There may be an internal issue with your application, a mismatch in your records, or a security check in progress.
• Expired or Pending Substantive Visa: You may be on a Bridging Visa that is currently being assessed, and the automated VEVO system cannot confirm your substantive work rights while the assessment is ongoing.

Can I Still Work?

You should exercise extreme caution. If your VEVO status does not show active work rights, your employer will likely see this same information when they perform their mandatory right-to-work check.

• Risk to Employer: Under the Migration Act 1958, employers face massive fines (up to $315,000 for corporations) and potential criminal penalties for employing someone who does not have legal work rights. Because of this, most employers will immediately pause your employment if your VEVO check returns a non-clear status.
• Risk to You: If you continue to work while your visa or work rights are under investigation, you may be in breach of migration law. This can be used as grounds for permanent visa cancellation and may significantly damage your chances of obtaining a future visa.

Immediate Steps to Take

If you see an investigation flag on your VEVO, follow these steps immediately:

1. Do Not Panic, But Do Act: Do not ignore the status. An investigation flag is not an automatic visa cancellation, but it is a signal that you need to clarify your status with the Department of Home Affairs.
2. Contact the Department of Home Affairs: Use the official Department of Home Affairs inquiry channels. You need to ask for clarification on why your VEVO status is restricted.
3. Check Your ImmiAccount: Log into your ImmiAccount to see if there are any “Requests for Information” (RFI) or notices from the Department. Often, these flags appear because the Department is waiting for you to provide documentation.
4. Seek Professional Legal Advice: If your visa is under threat of cancellation, contact a Registered Migration Agent or an immigration lawyer immediately. They can help you communicate with the Department and potentially submit a formal response to resolve the investigation.
5. Inform Your Employer (with Caution): If you are currently employed, you have a duty of honesty, but you should speak to a migration lawyer before making any admissions to your employer. Your lawyer can advise you on how to explain that you are “seeking clarification” on your status.

Why Employers Use VEVO

Employers use VEVO to protect themselves from legal action. They are legally obligated to ensure that every non-citizen they hire has the right to work. If VEVO shows an investigation flag, the system is essentially warning the employer that your status is “unverified,” which effectively prevents them from legally engaging you.

Disclaimer: This information is for educational purposes only and does not constitute migration or legal advice. If your visa status is under investigation, you are in a high-risk situation. Contact the Department of Home Affairs or a qualified migration professional immediately.