Answer:
Yes, you can hire someone that is not an Australian citizen provided you both meet the visa obligations. You should be confident that the employee is legally able to work in Australia. You should be aware that you must also meet requirements under the Migration Act 1958 (Cth) to ensure that you do not employ workers that do not have proper visas to work in Australia. This offence is a strict liability offence, meaning that it does not matter if you did not know that your employee was not allowed to work in Australia or you were not aware of the laws – you will be automatically liable if you have committed a breach. Therefore, it is very important that you look into this issue before hiring any workers that are not Australian citizens. If your business has a Sponsorship Agreement you will also have additional requirements to meet.
