Restrictions with 495 visa

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Old Feb 4th 2008, 4:30 am
  #1  
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Default Restrictions with 495 visa

Hi,

We are in Australia on a SIR visa (sub class 495) and I am having some trouble understanding the 8539 condition which is applied to this type of visa.

We have been here for just over a year and I have worked for nine months during the year so we are slowly satisfying the requirements for applying for Permanent Residency.

In looking for work I have been offered a contract with a Perth based company. We live in Bunbury which is south of Perth and classified as regional. My plan is to set up a limited company here in Bunbury and to contract myself out through the company. The family will continue to live in Bunbury and I plan to commute to the city to work.

In my mind this all works: we live regionally, I work for a regionally based company BUT my work will take me to Perth.

In discussing the 8539 condition I am increasingly worried that I may be in breach of the visa if I accept the contract and work as described above.

Am I right to be worried that I may breach the visa conditions?
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Old Feb 7th 2008, 1:01 am
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Default Re: Restrictions with 495 visa

Originally Posted by ErikVariable
Hi,

We are in Australia on a SIR visa (sub class 495) and I am having some trouble understanding the 8539 condition which is applied to this type of visa.

We have been here for just over a year and I have worked for nine months during the year so we are slowly satisfying the requirements for applying for Permanent Residency.

In looking for work I have been offered a contract with a Perth based company. We live in Bunbury which is south of Perth and classified as regional. My plan is to set up a limited company here in Bunbury and to contract myself out through the company. The family will continue to live in Bunbury and I plan to commute to the city to work.

In my mind this all works: we live regionally, I work for a regionally based company BUT my work will take me to Perth.

In discussing the 8539 condition I am increasingly worried that I may be in breach of the visa if I accept the contract and work as described above.

Am I right to be worried that I may breach the visa conditions?

You would need specalist advice to be sure (and such advice may not be available as there is no market for it) but I would suggest that while incidental business visits are probably ok, you really can't work in Perth until you get PR.
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Old Feb 12th 2008, 5:24 am
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Default Re: Restrictions with 495 visa

Originally Posted by ErikVariable
Hi,

We are in Australia on a SIR visa (sub class 495) and I am having some trouble understanding the 8539 condition which is applied to this type of visa.

We have been here for just over a year and I have worked for nine months during the year so we are slowly satisfying the requirements for applying for Permanent Residency.

In looking for work I have been offered a contract with a Perth based company. We live in Bunbury which is south of Perth and classified as regional. My plan is to set up a limited company here in Bunbury and to contract myself out through the company. The family will continue to live in Bunbury and I plan to commute to the city to work.

In my mind this all works: we live regionally, I work for a regionally based company BUT my work will take me to Perth.

In discussing the 8539 condition I am increasingly worried that I may be in breach of the visa if I accept the contract and work as described above.

Am I right to be worried that I may breach the visa conditions?
Yes, you will be in breach of visa conditions if you work in Perth.Better to wait than get caught, as I do.
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