What the Migrant Justice Institute Report Found

The Migrant Justice Institute (MJI) has released a significant report documenting patterns of workplace exploitation affecting migrant workers across Australia. The findings highlight structural vulnerabilities faced by temporary migrant workers and are particularly relevant to employer-sponsored visa holders, including some holders of the Subclass 482 Skills in Demand (SID) visa and the Subclass 494 Skilled Employer Sponsored Regional visa.

The report identifies widespread concerns around underpayment and the barriers migrant workers face when seeking help or recovering unpaid wages. Other forms of workplace exploitation can include unsafe working conditions, excessive working hours and threats linked to a worker’s visa status. These issues may involve breaches of Australian workplace and migration laws.

Why Sponsored Visa Holders Are Particularly Vulnerable

Employer-sponsored visa holders can be particularly vulnerable because their visa arrangements are linked to their employment. Unlike permanent residents or Australian citizens, sponsored workers may need to satisfy specific migration requirements when changing employers.

However, a sponsor cannot cancel your visa. Only the Department of Home Affairs has the power to grant, refuse or cancel a visa. Australian migration law also prohibits certain exploitative conduct connected with visa sponsorship, including coercive arrangements and requiring payment in exchange for sponsorship.

Legal Protections That Apply to You

Temporary visa holders generally have the same workplace rights as other employees in Australia. This includes applicable minimum pay rates, the National Employment Standards (NES) and entitlements under any relevant Modern Award or Enterprise Agreement.

The Migration Amendment (Strengthening Employer Compliance) Act 2024 introduced stronger measures to address migrant worker exploitation. Australia has also introduced the Strengthening Reporting Protections Pilot and the Workplace Justice Visa Pilot, which provide additional protections for eligible temporary visa holders experiencing workplace exploitation.

Under the Strengthening Reporting Protections Pilot, eligible workers who have experienced workplace exploitation may receive protection from visa cancellation for certain breaches of work-related visa conditions.

The Mobility Provisions: Changing Jobs Without Losing Status

Another important protection for sponsored workers is greater mobility when an employment relationship ends.

Eligible primary holders of the Subclass 482 and 494 visas can generally have up to 180 consecutive days at a time, and a maximum of 365 days in total across the visa grant period, to find a new sponsor, apply for another visa or arrange to leave Australia after they stop working for their sponsoring employer.

During this period, eligible visa holders may also work for another employer, subject to the relevant visa conditions.

This mobility rule is not limited to workers experiencing exploitation. It is designed to give sponsored workers more flexibility if their employment ends and reduce their dependence on a single employer.

How to Report Exploitation and Protect Your Visa Position

Many migrant workers hesitate to report exploitation because they are worried about their visa status. However, contacting the Fair Work Ombudsman (FWO) does not itself result in your visa being cancelled.

The FWO provides assistance to migrant workers and can receive anonymous reports about workplace issues. Eligible temporary visa holders experiencing workplace exploitation may also be able to access protections under the Strengthening Reporting Protections Pilot.

In some circumstances, a worker who needs to remain in Australia to pursue a workplace exploitation claim may be eligible for a Workplace Justice Visa.

These protections are subject to eligibility requirements and do not apply automatically. Before taking formal action, it is important to understand how your employment situation, visa conditions and any potential visa breaches interact.

What Sponsors Are Legally Required to Do

Approved sponsors under the 482 and 494 visa programs are subject to sponsorship obligations enforced by the Department of Home Affairs. Key obligations can include:

• Paying sponsored workers in accordance with applicable salary and market salary requirements
• Providing terms and conditions that are no less favourable than those provided to an equivalent Australian worker
• Not unlawfully recovering prohibited sponsorship or recruitment-related costs from sponsored workers
• Cooperating with inspections and monitoring by the Department
• Notifying the Department of certain changes to employment arrangements
• Complying with Australian workplace and migration laws

From 1 July 2026, the Core Skills Income Threshold (CSIT) increased to $79,423, which applies to relevant new nominations under the Subclass 482 program.

Sponsors who breach their obligations may face sanctions including civil penalties, restrictions on sponsoring workers and, in serious circumstances, further legal action.

Key Takeaways

• Workplace exploitation of migrant workers remains a documented concern in Australia.
• 482 and 494 visa holders are protected by Australian workplace laws and relevant migration law protections.
• Your employer cannot cancel your visa. Only the Department of Home Affairs can do so.
• Eligible sponsored workers may have up to 180 consecutive days after leaving their sponsoring employer to find another sponsor, apply for another visa or arrange their departure.
• The Strengthening Reporting Protections Pilot may protect eligible workers from visa cancellation for certain work-related visa breaches connected with workplace exploitation.
• The Workplace Justice Visa Pilot may allow eligible workers to remain in Australia while pursuing a workplace exploitation matter.
• Reporting workplace exploitation to the Fair Work Ombudsman does not automatically put your visa at risk.
• Individual circumstances matter, so obtaining professional advice before changing employers or taking formal action can help you understand your visa options.

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The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.

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