What to Do for Your Visa if You are Experiencing Workplace Exploitation?

If you are a temporary visa holder in Australia and your employer is underpaying you, paying you cash-in-hand, or forcing you to use an ABN inappropriately, you are not alone. A recent report by the Migrant Justice Institute, titled Off the Books, reveals that migrant worker exploitation is a massive, systemic issue in Australia. Many employers use the threat of visa cancellation to keep migrant workers quiet. However, Australian immigration law has evolved to protect you when you speak up.

The Reality: You Are Part of a Larger System

Employers often make migrants feel like they are the only ones facing these issues or that they are legally at fault. The 2024 National Temporary Migrant Work Survey proves otherwise. Exploitation is a calculated business model. Here is a look at the reality of migrant exploitation in Australia today:

Overall Underpayment: 2/3 of surveyed migrant workers are paid less than their legal entitlement.
Below Minimum Wage: Over 1/3 are paid below the absolute National Minimum Wage.
Financial Impact on Students: International students alone are estimated to be underpaid by $61 million every week.
Sham Contracting (ABN): Over 1/3 work on an ABN (four times the national average), a common tactic to avoid paying legal wages.

The Fear: Will I Lose My Visa if I Report My Boss?

The most common reason migrant workers do not report underpayment, misleading payslips, or forced ABN arrangements is the fear of visa cancellation. You might worry that because you worked too many hours, accepted cash, or worked off the books, the Department of Home Affairs (DoHA) will penalise you. The government knows employers use this fear as leverage. To combat this, protections are now in place so that you can seek justice without automatically risking your migration status.

Visa Protections and Pathways Available to You

If you decide to take action against an exploitative employer, there are specific mechanisms designed to protect you: the Workplace Justice Visa (Subclass 408).

If your current visa is expiring, you do not have to abandon your legal claim and leave the country. The Australian Government introduced a specific Workplace Justice Visa (under the Temporary Activity (Subclass 408) visa).

Subclass 408 allows you to remain in Australia lawfully for a short period to pursue a workplace claim against your employer.
To be eligible for the Workplace Justice Visa, you must have a genuine workplace dispute and be pursuing it through the proper legal or government channels.

Action Plan: What Should You Do Next?

If you are currently experiencing exploitation, do not panic and do not suffer in silence. Follow these steps to protect your visa and your rights:

Before quitting or confronting your employer, speak to a professional. Leaving suddenly may affect your visa if you are on an employer-sponsored subclass, such as a Skills in Demand (Subclass 482) visa.
Do not rely on your employer’s misleading payslips. Keep your own diary of the exact hours you work, take photos of rosters, and save text messages or emails that prove your working arrangements.
Document if your boss forces you to use an ABN, pays you in cash, but treats you like a regular employee (dictating your hours and providing the tools); this is likely illegal sham contracting.
Because employment law and migration law overlap, you need advice that covers both. AHC lawyers can assist you with migration law in securing your visa status through the Workplace Justice (SC408) Visa.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Consider arranging a consultation with one of our immigration lawyers who works closely with two of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux for tailored visa guidance for your visa pathway. They specialise in highly complex visa matters. By acting quickly and providing an evidence-backed response, many applicants can overcome these concerns. Consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.

Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and in the 2027 edition of The Best Law Firms™ - Australia.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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