Fly Away

We have been in Australia on a 475 for just over a year. In this time we have been researching business opportunities and have finally established our new company. We are both working full time in the business. In a years time we will have fulfilled the residence obligation of 2 years in a regional area, (in our case Adelaide.) At this point we would like to apply for PR.

We have spoken to SA Immi and to agents when we initially applied for the 475 who have all said that being self employed is considered employment for the purposes of meeting the one year employment obligation.

I was wondering if anyone had gone from a 495/475 to PR as business owners? Is it different being the owner of a Pty Ltd Company to being self employed with just an ABN? Is it difficult to prove the hours worked? We have an office and are open business hours and then work many hours on top of that but how do we prove it?

One of us would be willing to get a full time job if it was an easier proposition. However that seems a bit daft.

Just hoping there is someone who has done this.

welshtony

Hi Fly away

As you say, proving that at least one of you has worked for 35 hours plus per week, is the issue. Rather than one of you go outside the business and get a full-time job, it would probably be better if the business became a PTY and then paid a full-time salary to one of you.

Regards

Tony

Fly Away

Thanks Tony. We are already a PTY. At the moment we aren't drawing a salary but we intend to do this in the future. Would it be advantageous for one of us to draw a salary immediately?

Thanks again for your help.

welshtony

To give more specific advice I would need to know the type of business, who puts in what hours doing what etc.. Proof of being paid a full-time salary, on it's own, does not prove full-time work so it is the other evidence that can be provided that will determine whether one of you becoming a formal employee, will give a smoother ride through the permanent visa process.

Regards


Tony

Fly Away

Thanks Tony. I will send you a PM.

Carbery

http://www.immi.gov.au/media/fact-sheets/27business.htm

As far as I know you have to be a holder of a temp business owner visa to apply for a PR business owner visa.

Fly Away

Thanks hun but we would be applying for an 883 (don't quote me on the number) which is the route to PR from a 475

Carbery

No probs!

Fly Away

Thanks for trying though xx

Nick11

It's an 887 you will be applying for. Sorry can't help -but if memory serves me right -I'm pretty sure a couple of members of pomsinadelaide have just successfully done this. Theres a guy called soggy who has his own business and just got pr after being on a 475 visa. Hope this helps

Fly Away

Thank you for that information. Yes you're right it's the 887, for some reason I couldn't remember.

I will have a look on there as I am a member.

Gypsy.

Hi Flyaway,

Nice to see your thread again after a long time (We use to have fun in BE forum while waiting for the visa)

One of my friend bought a taxi and drove and showed that as his business. DIAC was not insisting for the working hours and rather they were investigating on the transactions with his clients (bills, vouchers etc..) and more IMPORTANTLY .... his tax contribution to the ABN. I understand he was not facing much hassles.

Hope this info helps.

Fly Away

Hi Gypsy!

Thanks for that. Interesting to know, how your friend's application was assessed. We have solved our problem as I now am now in full time employment. I hope that means it will now be a simple application.

Paul Down Under

Hello I am very interested in your experience...
I just posted the following thread and would greatly appreciate your advise:
Warm regards
Paul

Visa 475 and Proprietary Limited Company registraion eligibilty
Hello All,
Newcomer here...just been awarded the Regional Sponsored (Provisional) Visa (Subclass 475) but reviewing restrictions.
Cannot seem to find any info about setting up a Proprietary Limited Company.
Has anyone any experience?
Especially regarding self employment in the Proprietary Limited Company that obviously is registered in the regional area. BUT can this company then receive commissions from businesses in the Metropolitan hubs?
Trying to find a way to be able to legally work with clients that are outside the restriction....but not be directly employed by them.
Any tips?
Warmest
P

JAJ

Best to keep discussion on one thread, avoids confusion:
http://britishexpats.com/forum/showthread.php?t=675133