If you are a visa holder working in Australia, you may be concerned about your privacy and how your employer verifies your work rights. The short answer is: No, an employer should not run a VEVO check on you without your informed consent.

Under Australian workplace and privacy standards, VEVO (Visa Entitlement Verification Online) checks are intended to be a cooperative process between an employer and an employee to ensure compliance with immigration law.

Why Consent Is Required

While employers have a legal obligation to ensure their workers have the right to work in Australia, they are also bound by privacy obligations. Obtaining your consent is a critical part of the process for several reasons:

• Privacy Protection: Your visa information is personal data. Employers are expected to handle this information securely and only for the purpose for which it was collected (i.e., verifying your work rights).
• Best Practice Standards: The Department of Home Affairs and various workplace unions emphasize that employers should obtain informed, written consent before performing a check. This ensures transparency and builds trust in the employment relationship.
• Legal Clarity: An employer should clearly explain what they are checking (your visa type, expiry date, and conditions) and why they are checking it. Providing consent signifies that you understand and agree to this verification.

What Is the “Right to Work” Check?

Employers in Australia are legally required to verify that their employees are entitled to work. If they employ someone who does not have the right to work, they can face significant financial penalties and legal consequences.

Because of these risks, most reputable employers will make a VEVO check a mandatory part of their onboarding process. If you refuse to provide the necessary details (such as your passport number or visa grant number) to facilitate this check, an employer may be unable to legally hire you.

What Should You Expect from Your Employer?

To stay compliant and respectful of your privacy, your employer should:

• Request consent: Ask for your permission, ideally in writing, during the hiring process.
• Be transparent: Clearly explain that they are using VEVO to confirm your work eligibility and visa conditions.
• Handle data securely: Treat your passport and visa details as sensitive information and store them appropriately.
• Share results: If you request to see the results of the VEVO check, the employer should be willing to share them with you.

Can an Employer Use VEVO to Discriminate?

No. Using VEVO to discriminate against workers or to intimidate them is illegal. An employer must never:

• Use your visa status to threaten or pressure you into accepting unfair working conditions or underpayment.
• Pressure you to break your visa rules (e.g., asking a student to work more than their allowed hours).
• Use your visa status as a reason to exclude you from workplace rights and protections that are afforded to all workers in Australia.

What Should You Do?

If you are uncomfortable with an employer running a check, it is worth having an open conversation with them. Ask them why the check is being conducted and how they plan to store your data. In almost all cases, the check is a standard compliance requirement to protect both you and the business from legal issues.

However, if you feel an employer is using your visa information to intimidate you or facilitate illegal work practices, you have the right to report this to the Fair Work Ombudsman or seek advice from a workplace union.

Disclaimer: This information is for general guidance and educational purposes only and does not constitute legal or immigration advice. If you have concerns about your rights as an employee in Australia, please consult with a legal professional or the Fair Work Ombudsman.