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Taking UK job with me - breach terms of visa?

Taking UK job with me - breach terms of visa?

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Old Nov 29th 2019, 2:01 pm
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Default Taking UK job with me - breach terms of visa?

Hello!

I was granted a work & travel visa for Australia.
I have a job in the UK and would become a freelancer for them during that time.
I will search for work locally as well, so I will register for a tax number.

Is this possible or does that break the 6 month rule?!

Please help! Thanks!

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Old Nov 30th 2019, 3:12 am
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by LDD888
Is this possible or does that break the 6 month rule? !
I don't think I have ever met anyone who has actually stuck to the six month rule.

But if you are freelancing, surely a project won't last that long, and you can pick and choose what you do.

What do you do for a living? As knowing that my get a few more specific replies

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Old Nov 30th 2019, 3:16 am
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by PittwaterPrincess
I don't think I have ever met anyone who has actually stuck to the six month rule.

But if you are freelancing, surely a project won't last that long, and you can pick and choose what you do.

What do you do for a living? As knowing that my get a few more specific replies
Thanks for replying! It'll be freelance on paper but it's not project based. I'm in writing and will be paid monthly (same amount).
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Old Nov 30th 2019, 3:46 am
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Default Re: Taking UK job with me - breach terms of visa?

This is the Immi forum. Only 100% correct information should be given. The six month rule is there for a reason and suggesting that it's a rule worth breaking is irresponsible and not something BE can or would condone. People have lost their visas by not following visa guidelines, no matter how unimportant people may think them to be.
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Old Nov 30th 2019, 2:35 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by PittwaterPrincess
I don't think I have ever met anyone who has actually stuck to the six month rule.
Then you have been mixing with idiots.
Breaching the 6 month WHV rule is just asking for trouble.
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Old Nov 30th 2019, 8:41 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by Pollyana
Then you have been mixing with idiots. Breaching the 6 month WHV rule is just asking for trouble.


Ah well. Some people are idiots then aren't they. However, I have never met anyone else who has actually stuck to this rule. For myself personally I did, because I am a goodie-two-shoes, but I also wanted to travel around Australia, rather than getting stuck too long in one place.

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Old Nov 30th 2019, 10:31 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by PittwaterPrincess
Ah well. Some people are idiots then aren't they. However, I have never met anyone else who has actually stuck to this rule. For myself personally I did, because I am a goodie-two-shoes, but I also wanted to travel around Australia, rather than getting stuck too long in one place.
This is the immigration forum where factual answers to questions about immigration are posted. Not anecdotes about how you know some people who may or may not break the rules surrounding their visas.
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Old Nov 30th 2019, 10:35 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by Dorothy
This is the immigration forum where factual legal answers to questions are posted. Not anecdotes about how you know some people who may or may not break the rules surrounding their visas.
Yes I know what the forum is for - thank you! However, the odd anecdote hardly matters surely. Especially since it happens a lot in real life. Sorry to say that in reality many people don't stick to the rules. I am sure the OP is intelligent enough to realise I am not giving advice on what they should do.
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Old Nov 30th 2019, 11:51 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by PittwaterPrincess
Yes I know what the forum is for - thank you! However, the odd anecdote hardly matters surely. Especially since it happens a lot in real life. Sorry to say that in reality many people don't stick to the rules. I am sure the OP is intelligent enough to realise I am not giving advice on what they should do.
Okay. I do see what you mean and have no doubt people do cheat , lie and commit fraud . However one needs to be very careful not to be seen to suggest or encourage this in any way. BE rule 2 covers this a little bit where it states. " encourage someone to break the law, " . Now I know that this is not what you were intending but any one else looking in could interpret otherwise and then think that BE is here to condone or help bend the rules.

Just to be clear for anyone & everyone,these are peer reviewed forums and the way we all manage the assorted immigration forums ( & anywhere else for that matter) is to stick to the facts and the rules. An anecdote might be OK on a rare occasion if one has actual personal knowledge or experience but that anecdote must and should be within the law of the country concerned , especially for anything to do with immigration.

Normally if something a bit dodgy is posted it will be
1 - corrected as false or illegal
2 - Reported for a mod to deal with
3 - Corrected or removed.

Thanks
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Old Nov 30th 2019, 11:57 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by LDD888
Hello!

I was granted a work & travel visa for Australia.
I have a job in the UK and would become a freelancer for them during that time.
I will search for work locally as well, so I will register for a tax number.

Is this possible or does that break the 6 month rule?!

Please help! Thanks!
I think Polly already answered this but can those in the Oz know guide a little with the WHV please?

For New Zealand I would be suggesting sticking to the policy rules regarding holiday/work. The WHV is actually meant for travel and holiday, not for work.

The scheme gives Australia Working Holiday Visa holders casual work rights in order to supplement their travels. Work undertaken must be incidental to the main purpose of holidaying and employment for more than 6 months with any one employer is not allowed. ]


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Old Dec 1st 2019, 6:24 am
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by BEVS
I think Polly already answered this but can those in the Oz know guide a little with the WHV please?

.
I can only answer with 100% certainty where an Australian employer is concerned. If the person was working in Aus, for an Aussie employer, and being paid wages with tax and super etc like any other Aus resident, then the 6 month rule would apply. Break the rule and you risk visa cancellation, deportation, and possible refusal of subsequent visas.
However I am not so sure when the person is employed by an offshore company, and is being paid in their home country. I have a feeling there is a post from an agent on the subject but haven't found it yet.

I would advise speaking to a registered agent to clarify the position.
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Old Dec 1st 2019, 5:29 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by Pollyana
I can only answer with 100% certainty where an Australian employer is concerned. If the person was working in Aus, for an Aussie employer, and being paid wages with tax and super etc like any other Aus resident, then the 6 month rule would apply. Break the rule and you risk visa cancellation, deportation, and possible refusal of subsequent visas.
However I am not so sure when the person is employed by an offshore company, and is being paid in their home country. I have a feeling there is a post from an agent on the subject but haven't found it yet.

I would advise speaking to a registered agent to clarify the position.

Thanks for this reply!!
I was going to call the Australian embassy in the UK and just ask. Sorry if I'm being daft, but what do you mean by registered agent?!
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Old Dec 1st 2019, 9:32 pm
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by LDD888
Thanks for this reply!!
I was going to call the Australian embassy in the UK and just ask. Sorry if I'm being daft, but what do you mean by registered agent?!
The embassy is notgoing to be of any use to you. They don't know immigration laws.

A registered agent is a person who provides immigration advice based on the laws. Many will give a free or low cost first consultation. You can look for one at www.themara.com.au
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Old Dec 2nd 2019, 12:11 am
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Default Re: Taking UK job with me - breach terms of visa?

Generally speaking, the policy position on this is: "The employment limitation applies only to businesses operating in Australia. Australia regulates the rights of non-residents to work for companies operating in Australia. WHMs may be allowed to work for a foreign business not operating in Australia. The work [is] considered on a case-by-case basis, but could include online jobs and journalism. However, work for a foreign business for which the applicant must obtain a licence or registration to perform in Australia would be subject to [the] condition."
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Old Dec 2nd 2019, 12:21 am
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Default Re: Taking UK job with me - breach terms of visa?

Originally Posted by Paul Hand
Generally speaking, the policy position on this is: "The employment limitation applies only to businesses operating in Australia. Australia regulates the rights of non-residents to work for companies operating in Australia. WHMs may be allowed to work for a foreign business not operating in Australia. The work [is] considered on a case-by-case basis, but could include online jobs and journalism. However, work for a foreign business for which the applicant must obtain a licence or registration to perform in Australia would be subject to [the] condition."
Thank you, Paul for clarifying.

OP, Paul is a MARA registered agent, so I would use his advice.
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