PartialtoPerth

I've read a disturbing thread about deemed 'employment' whilst in Oz on an ETA.

We're at the early stages of deciding whether or not we want to move to Oz.

I work for myself and am planning a trip to Oz covering 3 weeks at the end of the year.

I constantly get e-mails on my mobile when I'n abroad from clients who can't wait 3 weeks for an answer to a query so I tend to answer them as soon as I receive them.

Would this be considered to be carrying out a business/employment? Seems a bit extreme to me.

Peter

I'd get in touch with DIMIA about that one; I think you've encountered a major grey area.

ABCDiamond

If the work relates to your home country, then I wouldn't think it would be a problem.

PartialtoPerth

It does but the thread I read related to a guy from Canada who carried on a business in Canada whilst on extended holidays in Oz. It was still deemed employment and he has been barred from Oz.

I would not actually be doing any work for the client, merely answering queries or reading press announcements, but I'll check it out anyway. At the moment the e-mails aren't working properly so this may be a blessing in disguise!

helinuk

I think you'll be ok. surely they can't object to you dealing with emails relating to to uk work. Many business men travel around oz and answer emails.

ABCDiamond

I think his case must have been a bit unusual. Many people, self employed etc, come here on holidays and maintain control over their businesses, by phone, fax and email.

But if in doubt it may be worth checking...

Stewie

I agree with ABC

If your in Aus on an ETA ie Visitors visa then you are on holiday. The old type visitors visa sub class 676 which you had stuck in your passport stated

No work
Max 3months non-formal study

An ETA is just an electronic form of a visitors visa.

No work surely means no work in Australia. Not solving problems by phone for your company based in UK.

Maybe our imigration experts have a view on this.

But I can't believe DIMIA could deem that talking to your company or clients in the UK constitutes working in Australia!

Innyjim

It's not a problem. I used to work for a US software company and would visit the Sydney office regularly on business, visiting customers, working whilst in the office, presenting even. All this was done on an ETA. Never hid this from immigration and never had an issue. I think immigration has bigger fish to fry.....

wmoore

I really can't see how they could have any objections to 'answering emails'. How on earth would anybody know that emails on your mobile were work anyway?

bondipom

There is an ETA and a Business ETA. People going to OZ on business for less than 3 months should obtain a business ETA. Problem is how can you go to Oz on business when your business is not in Oz.

ABCDiamond

I agree. I came out from the UK quite a few times for a "holiday", but it didn't stop the employees contacting me, therefore i ended up doing some "work". But I still reckon it was my holiday.

I think that Innyjim's example may be more tricky, as he was doing work for a Sydney office, but even then he seems to have had no problems.

It would be interesting to see the actual details of the first case being referred to that resulted in being banned form Australia. Something sounds a tad fishy

JAJ

As far as I know you can get a business ETA from the same Internet site as a tourist ETA. The business ETA has a slightly different work condition that means that you should do work that 'might otherwise be done by an Australian citizen or permanent resident'

That said, I doubt DIMIA would be overly fussed about someone here on a short holiday (and with a regular ETA) answering the occasional email or phone call about work back home. Without having seen the details of the case mentioned, my feeling is that there must be more to it than meets the eye.

Jeremy

renth

I heard of an author coming over on a tourist visa and getting deported for working on her book. I'm not going to trawl through the DIMIA site to look it up though.

You do have to be careful though, the Immigration folks don't mess around.

JAJ

The point is that it's a grey area. There is however a difference between working on a book and ringing the office voicemail to check for messages.

That said, someone who feels a need to ring the office when on vacation badly needs a vacation somewhere *away* from electronic communication.

What I do say all the time is that tourist visas are *not* for establishing de-facto residence in Australia and are not intended for those who plan to work in Australia.

At the end of the day, if DIMIA find out about it, what will happen in a specific case will come down to the viewpoint of a specific compliance officer.

Jeremy

PartialtoPerth

The first case is at: http://britishexpats.com/forum/showthread.php?t=92809

I think I'll be OK but I'll certainly be keeping 'work' to a minimum.