The legal context of employment
The proposed work, employer, current status and relevant permit category are considered together. Employer-sponsored applications, independent work and exemption cases may involve different requirements.
Scope of assessment
- Domestic and overseas application routes are examined.
- Documents relating to the foreign national and employer are reviewed.
- Permit categories, renewals and changes are considered.
- Administrative decisions and available remedies are assessed.
The employer and employee together
For an employer-sponsored application, workplace records and the terms of employment matter alongside the foreign national’s documents. The role, contract and application information need to be considered consistently.
A residence permit alone does not grant the right to work. Permit or exemption requirements must be considered separately.