JeremyElliott1

Hi

I'm writing in the hope that someone might be able to answer a question regarding starting an Incorporated Company (Pty limited).

I have a 5 year temporary residents Visa Subclass 461 and plan to setup my own business / company in Sydney of which I'd be one of the directors. I've been attempting to confirm that the visa I have allows me to setup and be director of a company in Australia.

I've written several letters / e-mails to the FIRB but unfortunately had no response.

If you are able to assist in any way in finding out an answer it would be very much appreciated.

Kind regards
Jeremy

JAJ

There are no immigration work restrictions.

But there may be restrictions in terms of FIRB, ASIC, state/territory or national licensing authorities, etc.

Have you not got a plan to obtain permanent residence?

avil4723

Hi there,

I would also be really interested in this matter.
Am looking at starting a company in Australia soon myself.
And while PR might be an option later on, it's not at the time I am intending to start the business.

Looking forward to any news and updates...

Cheers, Antonio

JAJ

There is no need to re-start every thread existing on the 461 visa. I see you are a new member but this is fairly basic forums etiquette.

avil4723

I am very experienced with forums etiquette - and usually it is preferred to revive an old thread, then asking the same question again and having two thread hanging around unanswered. Not searching through old threads is usually the frowning issue in forums, not asking questions - at least that is my understanding.

And this thread has obviously not been answered in full yet...

Given that I am interested in the 461 at this stage, I assumed that this is the right place to ask questions.

So if anyone has any further information on this matter it would be appreciated.

Regards,
Antonio

JAJ

The thread was answered in post #2 and the original poster never said anything further, so it's recommended to do some of your own research.

avil4723

JAJ,

I have absolutely no idea what your issues seems to be with my posts and why you as a moderator prefer to post unhelpful posts, rather then just helping or letting other people help.

My question fits perfectly in this thread and follows up the original topic.
And NO, unfortunately your reply (#2) does not answer the question.
It simply states no work restrictions - which is quite different from the right of full ownership of an Australian company!

But with replies like yours I do not wonder why the author has not continued his thread...

I find it sad to see a moderator telling off people for asking questions in a forum... where it is the reason for being in the first place.

I've read all forum rules and almost all 461 posts in this forum before actually asking anything, and searching the forum for any similar topic before posting something! I think this is proper forum etiquette and I just don't understand why you have to behave that rude (and that also in the past as I could see from older posts of yours)!?

Visas are an important matter for all applicants and I believe that your attitude is inapropriate for a moderator!

JAJ

Issues concerning company ownership are within the scope of ASIC and FIRB and most people on this forum don't have involvement with that. Hence the suggestion that it may be more productive to research yourself. Alternatively, find a good CA to assist you, as there are always tax and other issues to consider with incorporation (also, as a 461 holder you may be tax exempt on overseas income), similarly if you are planning to use the business as a pathway to permanent residence, a lot of issues to consider there.

I hate to appear unhelpful but there is a limit to the assistance a free forum can provide, these issues are complex.

Pollyana

Far from "telling people off" I think that JAJ's advice is spot on. While the information on here in the general visa field is usually of an excellent standard, the kind of question you are asking really is a bit too specialist. You MIGHT get someone who has followed this path in the past, but a 461 visa in itself is one of the less common ones seen on BE (possibly because it is aimed at those from NZ rather than Brits? ) and your question narrows the field still further.

I have no idea where you would to to research the topic further, but JAJ's suggestions seem pretty good to me so I'd follow those up to start with, and check back here to see if anyone else answers in the meantime.

As for the OP, he hasn't revisited the forum since April 29th, so I can only assume he found the answer elsewhere, and unfortunately he has set his profile to not receive emails so no way of getting help there either.

avil4723

Hi guys,

I guess I am just hoping a bit too much to find more information on all matters 461, while it is really a rare visa.

But by not asking, nobody else will come across my questions either ;-)

So anyway, thank you for your help and for the hints.

Best regards,
Antonio

Les Mighalls

Just for the record, guys, and anyone who searches this thread in future, pursuant to the Corporations Act Section 201A a proprietary company must have at least one director who ordinarily resides in Australia.

201B(1) stipulates that that director must be over 18 years of age.