Work in Nz on Oz 457 Visa ?
Mar 3rd 2003, 8:24 am
#1
Retired *********
Thread Starter
Joined: Jan 2002
Location: The Dandenongs
Posts: 349
Work in Nz on Oz 457 Visa ?
I am currently in Melbourne on a PQBS-sponsored 457 4 year visa. Work is pretty thin on the ground at the moment, and there's the chance of a 3 month contract in New Zealand. Does anyone know if my visa permits me to work in NZ ? This is assuming my sponsors don't have a problem with it.
I found this on the http://www.immigration.govt.nz website:
/Quote
Who does not need a Visa or Permit to work in New Zealand
You do not need a visa or permit to work in New Zealand if you are:
a New Zealand citizen or a New Zealand Residence Permit holder (to re-enter you need a current New Zealand Returning Resident's Visa), or
an Australian citizen, or a resident who holds a current Australian resident return visa, or
exempt from the requirement to hold a Permit to be in New Zealand, or
the work you will undertake in New Zealand is not considered to be employment as set out below under "What Work is Not Considered to be Employment?"
Quote/
As the 457 covers me for multiple entries, do this come under the point "an Australian citizen, or a resident who holds a current Australian resident return visa" ?
I found this on the http://www.immigration.govt.nz website:
/Quote
Who does not need a Visa or Permit to work in New Zealand
You do not need a visa or permit to work in New Zealand if you are:
a New Zealand citizen or a New Zealand Residence Permit holder (to re-enter you need a current New Zealand Returning Resident's Visa), or
an Australian citizen, or a resident who holds a current Australian resident return visa, or
exempt from the requirement to hold a Permit to be in New Zealand, or
the work you will undertake in New Zealand is not considered to be employment as set out below under "What Work is Not Considered to be Employment?"
Quote/
As the 457 covers me for multiple entries, do this come under the point "an Australian citizen, or a resident who holds a current Australian resident return visa" ?
Mar 3rd 2003, 9:13 am
#2
Guest
Posts: n/a
Re: Work in Nz on Oz 457 Visa ?
Hi Paul
There was a discussion on this subject a little while back over
whether an Australian migrant visa would qualify for free access to
New Zealand or whether it would need to be a Resident Return Visa.
Either way, I'd say any Australian temporary visa (eg a 457) won't be
acceptable to the NZ authorities and you'll almost certainly need a NZ
work permit. At least, I'd be very surprised if your 457 was
acceptable.
The NZIS operations manual is available online, if you want to look
more closely.
Jeremy
>On Mon, 03 Mar 2003 09:24:48 +0000, pread wrote:
>I am currently in Melbourne on a PQBS-sponsored 457 4 year visa. Work is
>pretty thin on the ground at the moment, and there's the chance of a 3
>month contract in New Zealand. Does anyone know if my visa permits me to
>work in NZ ? This is assuming my sponsors don't have a problem with it.
This is not intended to be legal advice in any jurisdiction
There was a discussion on this subject a little while back over
whether an Australian migrant visa would qualify for free access to
New Zealand or whether it would need to be a Resident Return Visa.
Either way, I'd say any Australian temporary visa (eg a 457) won't be
acceptable to the NZ authorities and you'll almost certainly need a NZ
work permit. At least, I'd be very surprised if your 457 was
acceptable.
The NZIS operations manual is available online, if you want to look
more closely.
Jeremy
>On Mon, 03 Mar 2003 09:24:48 +0000, pread wrote:
>I am currently in Melbourne on a PQBS-sponsored 457 4 year visa. Work is
>pretty thin on the ground at the moment, and there's the chance of a 3
>month contract in New Zealand. Does anyone know if my visa permits me to
>work in NZ ? This is assuming my sponsors don't have a problem with it.
This is not intended to be legal advice in any jurisdiction
Mar 3rd 2003, 10:54 am
#3
Guest
Posts: n/a
Re: Work in Nz on Oz 457 Visa ?
An Australian Resident Return Visa (RRV) is usually allocated to permanent
residents. A 457 Temporary Business visa doesn't fall into this category,
therefore you wouldn't be considered an Australian permanent resident by the
NZ Immigration Dept. and on a British passport means that you would probably
only be eligible for a 6 month tourist visa, unless you had sponsorship in
the same fashion as you did for Australia.
Another thing to bear in mind is that under the terms of the 457 visa, if
your work ceases under the original sponsor or you wish to change employers,
you need to lodge a new application. Travelling to NZ for 3 months would
probably invoke the 'ceasing work' provision, unless it was with the same
employer, but this is a situation where you need to seek direct advice from
both Australian and NZ Immigration Departments before making any decisions.
FAQs on 457 Business visa can be found here
http://www.immi.gov.au/faq/temporary/temporary05.htm
"pread" wrote in message
news:[email protected]...
> I am currently in Melbourne on a PQBS-sponsored 457 4 year visa. Work is
> pretty thin on the ground at the moment, and there's the chance of a 3
> month contract in New Zealand. Does anyone know if my visa permits me to
> work in NZ ? This is assuming my sponsors don't have a problem with it.
> I found this on the http://www.immigration.govt.nz website:
> /Quote
> Who does not need a Visa or Permit to work in New Zealand
> You do not need a visa or permit to work in New Zealand if you are:
> a New Zealand citizen or a New Zealand Residence Permit holder (to
> re-enter you need a current New Zealand Returning Resident's Visa), or
> an Australian citizen, or a resident who holds a current Australian
> resident return visa, or
> exempt from the requirement to hold a Permit to be in New Zealand, or
> the work you will undertake in New Zealand is not considered to be
> employment as set out below under "What Work is Not Considered to be
> Employment?"
> Quote/
> As the 457 covers me for multiple entries, do this come under the point
> "an Australian citizen, or a resident who holds a current Australian
> resident return visa" ?
> --
> Posted via http://britishexpats.com
residents. A 457 Temporary Business visa doesn't fall into this category,
therefore you wouldn't be considered an Australian permanent resident by the
NZ Immigration Dept. and on a British passport means that you would probably
only be eligible for a 6 month tourist visa, unless you had sponsorship in
the same fashion as you did for Australia.
Another thing to bear in mind is that under the terms of the 457 visa, if
your work ceases under the original sponsor or you wish to change employers,
you need to lodge a new application. Travelling to NZ for 3 months would
probably invoke the 'ceasing work' provision, unless it was with the same
employer, but this is a situation where you need to seek direct advice from
both Australian and NZ Immigration Departments before making any decisions.
FAQs on 457 Business visa can be found here
http://www.immi.gov.au/faq/temporary/temporary05.htm
"pread" wrote in message
news:[email protected]...
> I am currently in Melbourne on a PQBS-sponsored 457 4 year visa. Work is
> pretty thin on the ground at the moment, and there's the chance of a 3
> month contract in New Zealand. Does anyone know if my visa permits me to
> work in NZ ? This is assuming my sponsors don't have a problem with it.
> I found this on the http://www.immigration.govt.nz website:
> /Quote
> Who does not need a Visa or Permit to work in New Zealand
> You do not need a visa or permit to work in New Zealand if you are:
> a New Zealand citizen or a New Zealand Residence Permit holder (to
> re-enter you need a current New Zealand Returning Resident's Visa), or
> an Australian citizen, or a resident who holds a current Australian
> resident return visa, or
> exempt from the requirement to hold a Permit to be in New Zealand, or
> the work you will undertake in New Zealand is not considered to be
> employment as set out below under "What Work is Not Considered to be
> Employment?"
> Quote/
> As the 457 covers me for multiple entries, do this come under the point
> "an Australian citizen, or a resident who holds a current Australian
> resident return visa" ?
> --
> Posted via http://britishexpats.com
Mar 3rd 2003, 12:52 pm
#4
Retired *********
Thread Starter
Joined: Jan 2002
Location: The Dandenongs
Posts: 349
Re: Work in Nz on Oz 457 Visa ?
D,
My sponsor is a management company, I can work for whomever I wish, as long as any salary is paid via the management company so they can take their cut. I know there are DIMA stipulations though, and I'm not sure how this arrangement might be affected by them.
Cheers,
Paul.
My sponsor is a management company, I can work for whomever I wish, as long as any salary is paid via the management company so they can take their cut. I know there are DIMA stipulations though, and I'm not sure how this arrangement might be affected by them.
Cheers,
Paul.
Originally posted by D
Another thing to bear in mind is that under the terms of the 457 visa, if
your work ceases under the original sponsor or you wish to change employers,
you need to lodge a new application. Travelling to NZ for 3 months would
probably invoke the 'ceasing work' provision, unless it was with the same
employer, but this is a situation where you need to seek direct advice from
both Australian and NZ Immigration Departments before making any decisions.
Another thing to bear in mind is that under the terms of the 457 visa, if
your work ceases under the original sponsor or you wish to change employers,
you need to lodge a new application. Travelling to NZ for 3 months would
probably invoke the 'ceasing work' provision, unless it was with the same
employer, but this is a situation where you need to seek direct advice from
both Australian and NZ Immigration Departments before making any decisions.
Mar 3rd 2003, 1:45 pm
#5
Guest
Posts: n/a
Re: Work in Nz on Oz 457 Visa ?
Definitely get some authoritative advice, initially from DIMA - their
specialised Business section in Victoria can be emailed at
mailto:[email protected]
they won't reply to specific queries via email, so include a contact address
and phone (and FAX) number.
DIMA's general enquiry line can be contacted on 131 881
If in doubt, contact an Australia registered migration agent.
If DIMA OK your NZ proposal, contact NZ Immigration
http://www.immigration.govt.nz/ to get their perspective.
Oh yes, one other thing that may be of interest is that the Australian
Taxation Office rules for determining residency for taxation purposes are
not the same as the criteria applied by DIMA. Generally speaking, if you are
absent from Australia for less than 183 days in any tax year (1st July -
30th June) then you are resident for income tax purposes and you will taxed
on your worldwide income, whether or not it is taxed in the countries
outside of Australia in which you earnt it. If you are absent from australia
for more than the 183 day total then you will be regarded as non-resident
for taxation purposes, ineligible for the $6000 tax free threshold and
subject to withholding tax. You should contact a registered tax agent for
advice on the taxation iinplications of any work that you intend to do
overseas. It's a complex area. Also, contact the ATO for more specific
details and publications http://www.ato.gov.au
The situation may also be complicated by the way you are employed by the
management company - there are several different types of these arrangements
with different tax implications for the individual. Once again, take
professional advice on all the immigration and taxation issues - don't rely
on this or any other newsgroup, however well-intentioned the advice.
"pread" wrote in message
news:[email protected]...
> D,
> My sponsor is a management company, I can work for whomever I wish, as
> long as any salary is paid via the management company so they can take
> their cut. I know there are DIMA stipulations though, and I'm not sure
> how this arrangement might be affected by them.
> Cheers,
> Paul.
> Originally posted by D
> > Another thing to bear in mind is that under the terms of the 457
> > visa, if
> > your work ceases under the original sponsor or you wish to change
> > employers,
> > you need to lodge a new application. Travelling to NZ for 3
> > months would
> > probably invoke the 'ceasing work' provision, unless it was with
> > the same
> > employer, but this is a situation where you need to seek direct
> > advice from
> > both Australian and NZ Immigration Departments before making any
> > decisions.
> --
> Posted via http://britishexpats.com
specialised Business section in Victoria can be emailed at
mailto:[email protected]
they won't reply to specific queries via email, so include a contact address
and phone (and FAX) number.
DIMA's general enquiry line can be contacted on 131 881
If in doubt, contact an Australia registered migration agent.
If DIMA OK your NZ proposal, contact NZ Immigration
http://www.immigration.govt.nz/ to get their perspective.
Oh yes, one other thing that may be of interest is that the Australian
Taxation Office rules for determining residency for taxation purposes are
not the same as the criteria applied by DIMA. Generally speaking, if you are
absent from Australia for less than 183 days in any tax year (1st July -
30th June) then you are resident for income tax purposes and you will taxed
on your worldwide income, whether or not it is taxed in the countries
outside of Australia in which you earnt it. If you are absent from australia
for more than the 183 day total then you will be regarded as non-resident
for taxation purposes, ineligible for the $6000 tax free threshold and
subject to withholding tax. You should contact a registered tax agent for
advice on the taxation iinplications of any work that you intend to do
overseas. It's a complex area. Also, contact the ATO for more specific
details and publications http://www.ato.gov.au
The situation may also be complicated by the way you are employed by the
management company - there are several different types of these arrangements
with different tax implications for the individual. Once again, take
professional advice on all the immigration and taxation issues - don't rely
on this or any other newsgroup, however well-intentioned the advice.
"pread" wrote in message
news:[email protected]...
> D,
> My sponsor is a management company, I can work for whomever I wish, as
> long as any salary is paid via the management company so they can take
> their cut. I know there are DIMA stipulations though, and I'm not sure
> how this arrangement might be affected by them.
> Cheers,
> Paul.
> Originally posted by D
> > Another thing to bear in mind is that under the terms of the 457
> > visa, if
> > your work ceases under the original sponsor or you wish to change
> > employers,
> > you need to lodge a new application. Travelling to NZ for 3
> > months would
> > probably invoke the 'ceasing work' provision, unless it was with
> > the same
> > employer, but this is a situation where you need to seek direct
> > advice from
> > both Australian and NZ Immigration Departments before making any
> > decisions.
> --
> Posted via http://britishexpats.com
Mar 3rd 2003, 8:37 pm
#6
Forum Regular
Joined: Jan 2003
Location: australia
Posts: 44
Just a quick reply to the above posting....
I have emailed the melbourne business centre on various occasions, on issues surrounding the 457 temp visa, and have always had a full and courteous response, often within the same business day. In fact, I think i have worked my way around all the staff..its interesting to see their informal approach to email though in australia!! Its nice to be addressed by your first name and not as MS or Mrs or even (God forbid) madam.
I have emailed the melbourne business centre on various occasions, on issues surrounding the 457 temp visa, and have always had a full and courteous response, often within the same business day. In fact, I think i have worked my way around all the staff..its interesting to see their informal approach to email though in australia!! Its nice to be addressed by your first name and not as MS or Mrs or even (God forbid) madam.
