TL;DR: Hiring someone from overseas — whether they are already in your country on a visa or applying from abroad — involves right-to-work verification, understanding visa conditions, and in some cases becoming a registered visa sponsor. Getting this wrong carries serious consequences: civil penalties, criminal charges, and loss of sponsorship licences. This guide explains the key obligations across 7 countries.
Disclaimer: MmowW Scrib🐮 is a document preparation service, not a law firm. We do not provide legal advice. This guide is for general informational purposes only. Immigration and employment law for international workers is complex and subject to change. Always consult a qualified immigration solicitor or attorney for advice specific to your situation.
When hiring an international worker, your obligations fall into three areas:
Key principle across all 7 countries: You are responsible for employing only people who have the legal right to work. "I didn't know" is not a defence — civil penalties for employing illegal workers can be significant, and criminal penalties apply for knowing or reckless breaches.
Right-to-work checks must be completed before the employee's first day. This is not optional.
What you must do:
A compliant right-to-work check provides a "statutory excuse" — if it later emerges that the worker was not authorised to work, you will not face civil penalties if you conducted the check correctly and in good faith.
Workers on temporary visas often have conditions attached:
It is your responsibility to check and understand these conditions before employing the worker. You cannot rely solely on the worker's assurance — ask to see the visa or visa evidence, and check the conditions.
If the worker does not already have work rights in your country, you may be able to sponsor a work visa for them. This requires:
Sponsorship is not available for every role in every country. Most countries have skills-based criteria, salary thresholds, or shortage occupation requirements.
Use our free tool: Employment Checker
Try it free →Right-to-work framework:
UK nationals and Irish nationals have an automatic right to work. EU/EEA nationals who arrived before 31 December 2020 and applied to the EU Settlement Scheme have pre-settled or settled status — check their share code via the online service.
For non-UK nationals, employers must check one of:
Digital identity verification services are approved for British and Irish nationals.
Sponsorship:
To hire a worker from outside the UK who does not have existing work rights, you need to:
Skilled Worker visas require the role to be on the Shortage Occupation List or meet the salary threshold (generally £38,700 per year for new applications as of 2024, with some exceptions). Sponsorship application fees range from hundreds to thousands of pounds.
Penalties for non-compliance:
Civil penalty of up to £45,000 per illegal worker (first offence from 2024). Criminal conviction for knowing or reckless illegal working.
Reference: gov.uk/government/collections/sponsorship-information-for-employers-and-educators
Right-to-work framework:
EU/EEA/Swiss nationals have an automatic right to work in France. Non-EU nationals require a work permit (autorisation de travail) and residence permit (titre de séjour).
Before hiring a non-EU national, employers must verify the OFII (Office français de l'immigration et de l'intégration) work permit. For skilled workers, France's Talent Passport (Passeport Talent) provides a single permit for highly skilled workers, investors, and internationally recognised professionals.
Employer obligations for non-EU workers:
Sponsorship-equivalent:
France does not use a formal employer sponsorship system like the UK. Instead, employers apply directly to the regional DREETS (Direction Régionale de l'Économie, de l'Emploi, du Travail et des Solidarités) for work permit authorisation. Salary and job offer requirements apply.
Reference: service-public.fr/professionnels-entreprises/vosdroits/F23107
Right-to-work framework:
EU/EEA/Swiss nationals have an automatic right to work in Sweden. Non-EU nationals require a work permit (arbetstillstånd).
Applications for work permits are submitted by the worker to the Swedish Migration Agency (Migrationsverket), but the employer must first offer the job and confirm that a union has been consulted (or no union is relevant). The job offer must meet market wage and conditions standards.
Employer obligations:
Reference: migrationsverket.se/English/Startpage/Employers
Right-to-work framework:
Australian citizens and permanent residents have an unrestricted right to work. New Zealand citizens have automatic right to work under the Special Category Visa. Temporary visa holders must check their visa conditions — these vary widely.
Employers can verify a candidate's visa status and work rights using the Visa Entitlement Verification Online (VEVO) system (with the candidate's permission).
Sponsorship:
To sponsor a temporary skilled worker, employers typically apply for approval as a Standard Business Sponsor (SBS) and then nominate the worker for a Temporary Skill Shortage (TSS) visa (subclass 482) or Employer Nomination Scheme (ENS) visa.
TSS requirements include:
Penalties for non-compliance:
Civil penalties of up to A$93,900 for employers who allow illegal work (Illegal Workers Warning Notice; penalties escalating on repeat).
Reference: homeaffairs.gov.au/employers
Right-to-work framework:
New Zealand citizens and permanent residents have an unrestricted right to work. Australian citizens and permanent residents have automatic working rights. Other nationals require a work visa.
Employers can check visa status via Immigration New Zealand's VisaView system.
Accredited Employer Work Visa (AEWV):
To hire most temporary international workers, New Zealand employers must become Accredited Employers. Accreditation requires:
Reference: immigration.govt.nz/employer/hiring-migrants
Right-to-work framework:
Canadian citizens and permanent residents have an unrestricted right to work. Work permit holders can work for the employer and role specified on their permit. Open work permit holders can work for most employers.
Labour Market Impact Assessment (LMIA):
Before hiring most temporary foreign workers who do not hold an open work permit, Canadian employers must obtain a positive LMIA from Employment and Social Development Canada (ESDC). The LMIA demonstrates there is a need for a foreign worker and no qualified Canadian is available.
The process involves:
Intracompany transferees, CUSMA/USMCA workers have specific exemptions.
Reference: canada.ca/en/immigration-refugees-citizenship/services/work-canada/hire-foreign-worker
Right-to-work framework:
All employers must complete Form I-9 for every new hire within 3 business days of the start date. This verifies employment eligibility regardless of citizenship. The I-9 cannot be used for other immigration enforcement purposes.
E-Verify is a federal system that electronically verifies I-9 information. It is mandatory for federal contractors and in some states (including Alabama, Arizona, Georgia, Mississippi, South Carolina, and others).
Sponsoring a worker visa:
US visa sponsorship is complex. Common routes include:
Reference: uscis.gov/working-in-the-united-states/information-for-employers-and-employees
1. Relying on the worker's word rather than checking documents
"They told me they had the right to work" is not a defence. You must physically or digitally check and copy the relevant documents.
2. Not conducting repeat checks for time-limited visas
If a worker has a temporary visa, set a diary reminder to conduct a repeat right-to-work check before the visa expires. Continuing to employ someone after their visa has expired is as serious as never checking at all.
3. Assuming all students can work full-time
Student visas typically restrict working hours (40 hours per fortnight in Australia during semester; 20 hours per week in the UK during term time). Allowing a student visa holder to work more hours than their visa permits creates liability for both the employer and the student.
4. Not understanding visa conditions before hiring
Some visas are tied to a specific employer or occupation. Hiring a worker on an employer-sponsored visa from a different employer — even if you're offering them a better job — means the worker needs to transfer or obtain a new visa.
5. Confusing temporary work rights with permanent rights
A worker with a temporary work visa has time-limited work rights. If the visa expires and the worker continues working, you are employing someone without work rights — even if they previously had them.
Q: Can I ask a candidate about their nationality to assess their right to work?
A: You should not make hiring decisions based on nationality — that is discrimination. However, you can and must check the right to work. Ask all candidates (not just those whose nationality you are uncertain about) whether they have the right to work in your country, and what documentation they can provide. Do this at the offer stage, not during the interview.
Q: What if a candidate presents a document I cannot verify?
A: If you cannot verify the document using the prescribed process, you should not employ the person. If you have concerns about document authenticity, you can contact the relevant authority (in the UK, the Home Office Employer Checking Service; in Australia, VEVO). Do not attempt to verify documents yourself beyond the prescribed checking process.
Q: Does hiring an international worker affect my regular recruitment process?
A: In countries with labour market testing requirements (Australia TSS visa, Canada LMIA, New Zealand AEWV), you must advertise the role to local residents and demonstrate that no suitable local candidate was available before offering it to an international worker. This adds time and administration to your recruitment process.
Q: What is the risk if I employ someone without the right to work?
A: Significant. In the UK, civil penalties of up to £45,000 per illegal worker (from 2024); in Australia, up to A$93,900 per illegal worker. Criminal liability for knowing breaches. Revocation of sponsor licences. Reputational damage. Businesses found employing illegal workers are named publicly in some jurisdictions.
Our Employment Checker helps you understand right-to-work verification requirements and employer obligations by country.
Track visa expiry dates and right-to-work check repeat dates with our Filing Deadlines tool.
Use our Cost Calculator to factor in sponsorship fees and total employment costs when budgeting for international hires.
Remember: Immigration law is complex and the consequences of non-compliance are serious. Always consult a qualified immigration solicitor or attorney before sponsoring or hiring international workers.
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