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What VISA? - Working remotely for UK employer in Australia for 1 year

What VISA? - Working remotely for UK employer in Australia for 1 year

Old Jan 8th 2011, 8:15 am
  #16  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by gr8leo87 View Post
ok sorry for the long post. I realise that I am going to need a work visa. went through the website.
Originally Posted by gr8leo87 View Post
So it appears the OP cannot work for the UK employer in Australia at all. The only option is Employer Sponsored. For which his employer will have to become a sponsor first and nominate an occupation for which the employer will be sponsoring and all that formalities. Which would be a 457 visa. Which I won't think would be so easy and quick?

The other option would working holiday for which the OP won't be able to work for the employer more than 6 months.
Thank you for seeing the light.

Can I just remined you that it is not unknown for DIAC to read B.E.

Posting duff information and encouraging people to potentially break the immigration laws is not a good idea.

A.
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Old Jan 8th 2011, 8:42 am
  #17  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by gr8leo87 View Post
So it appears the OP cannot work for the UK employer in Australia at all. The only option is Employer Sponsored. For which his employer will have to become a sponsor first and nominate an occupation for which the employer will be sponsoring and all that formalities. Which would be a 457 visa. Which I won't think would be so easy and quick?

The other option would working holiday for which the OP won't be able to work for the employer more than 6 months.
The best suggestion is that the OP should be consulting a registered agent who once in possession of all the details about the OP and the work they hope to do, may well be able to advise of a suitable visa which does not break any laws.
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Old Jan 8th 2011, 8:43 am
  #18  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by Dorothy View Post
One which would allow him to work. Such as a working holiday visa or short stay business visa.
No. Short stay business visa is not an option. Long stay business visa is not an option either.

The only available option that will let the OP work in Australia for a UK employer is WHV because it has no conditions on the employer eligibility or employee eligiblity.

The OP will only be able to work 6 months (in terms of days and not working hours) for the same employer.
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Old Jan 8th 2011, 8:43 am
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by Pollyana View Post
The best suggestion is that the OP should be consulting a registered agent who once in possession of all the details about the OP and the work they hope to do, may well be able to advise of a suitable visa which does not break any laws.
Yes an agent is a best option.

But a fact: a lot of people do work through their laptops for their employers in their home country on a tourist visa in another country. We don't see any particular legislation dealing with this kind of cases. And thus it does not make it illegal IMO.

The fact that the employer is not Australian, make these two events, the tourist visa and my working, exclusive to each other. And both can't be connected.

The whole point of restricting work to outsiders is to PREVENT ACCESS TO AUSTRALIAN LABOUR MARKET. But in this case no labour market gets affected.

@OP: please do let us know here what your agent tells you.

Last edited by gr8leo87; Jan 8th 2011 at 8:57 am.
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Old Jan 8th 2011, 9:19 am
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

http://www.canuckabroad.com/forums/c...er-vt9549.html

A similar situation with US-Canada specific.

The second, which in your case is actually less of a problem, is that you mustn't work illegally. So, if you were in US on a non-working status, you cannot work for US employer (obviously), nor can you work for a foreign employer who has dealings in the US, or who is benefitting by your being in US. That would seem to allow you.
Your company however might have to account for your physically working in US for long periods of time, by either making you a contractor, or beging withholding and remitting US payroll tax (which I'm quite sure they would balk at).
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Old Jan 8th 2011, 9:44 am
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

so after extensive research on internet it appears 'working remotely' is a grey area. it actually comes down to 'being caught' at the end of the day. because you cannot work remotely on any visa. usually the work visas too are associated with a registered employer.

You can be on WHV and work for six months, but just in case you take a job with Australian employer your remote work for UK employer becomes illegal. you cannot have two jobs on a work visa. unless you have a resident status you can't do anything.

finally we have reached a conclusion.
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Old Jan 8th 2011, 9:46 am
  #22  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by gr8leo87 View Post

finally we have reached a conclusion.
We?

The rest of us have said from the start that it is not possible.
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Old Jan 8th 2011, 9:46 am
  #23  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by gr8leo87 View Post
So it appears the OP cannot work for the UK employer in Australia at all. The only option is Employer Sponsored. For which his employer will have to become a sponsor first and nominate an occupation for which the employer will be sponsoring and all that formalities. Which would be a 457 visa. Which I won't think would be so easy and quick?

The other option would working holiday for which the OP won't be able to work for the employer more than 6 months.
Wow! Too bad nobody said that earlier, eh?
Originally Posted by gr8leo87 View Post
Yes an agent is a best option.

But a fact: a lot of people do work through their laptops for their employers in their home country on a tourist visa in another country. We don't see any particular legislation dealing with this kind of cases. And thus it does not make it illegal IMO.
But your opinion doesn't matter. What matters is DIAC's opinion. And the opinion of DIAC is that IT IS ILLEGAL TO WORK ON A TOURIST VISA.
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Old Jan 8th 2011, 10:06 am
  #24  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by gr8leo87 View Post
http://www.canuckabroad.com/forums/c...er-vt9549.html

A similar situation with US-Canada specific.
US and Canadian visa rules are completely different to Australian and reference to them only serves to confuse.

Originally Posted by gr8leo87 View Post
so after extensive research on internet it appears 'working remotely' is a grey area. it actually comes down to 'being caught' at the end of the day. because you cannot work remotely on any visa. usually the work visas too are associated with a registered employer.

You can be on WHV and work for six months, but just in case you take a job with Australian employer your remote work for UK employer becomes illegal. you cannot have two jobs on a work visa. unless you have a resident status you can't do anything.

finally we have reached a conclusion.
The OP has been sensible enough to ask the question so that they avoid breaking the law, and this forum is NOT here so that people can suggest "grey areas"and ways to hedge around the rules.

Originally Posted by Dorothy View Post
IT IS ILLEGAL TO WORK ON A TOURIST VISA.
Exactly.

A consultation with a registered agent will prove whether the OP is able to do what they wish as regards work.

Thread closed to prevent any more suggestions of "grey areas".
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Old Jan 8th 2011, 10:40 am
  #25  
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Default Re: What VISA? - Working remotely for UK employer in Australia for 1 year

Originally Posted by mandi_weir View Post
Hi there,

I am new to the forum and have found some related posts to the issue I have, but I am still confused.

Basically my plan was to leave my work/life in Scotland to go to Australia on a working holiday visa for one year in April 2011...easy enough! But when I informed my boss she said that because of the work/projects I am involved in would I consider remaining employed on a part-time basis while I am in Australia. I will be part time because part of the reason I wanted to visit Australia was to travel and see the country so I insisted that I will only work for 6 months of the year in total.

Anyway the set-up will be that I work remotely for my UK employer on half-time pay for the whole year. As I will be leaving at the end of April/May I will be a registered taxpayer in the UK for the financial year 2011/2012 so my understanding is that I will be taxed in the UK. I have still to confirm this with the tax office but i'm on the case.

So my biggest issue is trying to figure out what visa I am eligible for. I guess the working holiday visa is not possible anymore, because I won't actually be working for an Australian employer and my contract runs for the whole year and not the maximum of 6 months. So would it be an overseas employer sponsored visa that I need to get?

Any advice would be much appreciated.

Cheers,
Amanda ;o)
As suggested, professional advice would be useful to ensure that whatever work you undertake is legal on whatever visa you arrive on.

DIAC policy does allow for some exceptions to the "no work" rule in certain circumstances, but these are generally considered on a case by case basis, and as such are really outside of the scope of this forum.

For example -

Tourist visa applicants wishing to work online (for example, wanting to check emails online) should be considered on a case by case basis. If the applicant is holidaying in Australia for a short period, and just wishes to keep on top of work back home (that is, the online work is incidental to their trip), this is not of concern in terms of condition 8101.
An applicant who wishes to continue to work online, basically full-time may be of concern in terms of the genuine visitor requirement and should be considered carefully.

Work experience is not appropriate on a visitor visa. Internship arrangements may, however, be acceptable.


A large part of the problem would seem to be whether you could genuinely be called a "visitor"if working for the whole 12 months.

==================================
Information from one ïn the know (not my own work!) and as a result of reading it I don't think you'll get a clear answer without consulting an agent.
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