skybluestu

Guys I have been offered a chance at 6 months of consulting work in Australia but I live in NZ. I am a permanent resident in NZ and would be continuing to live in NZ and commuting to Australia when required.

Am I able to do this without a work visa as I will be getting paid in NZ $ and continuing to live in NZ with no plans to move over?

I am not a New Zealand citizen yet (eligible in 5 months) so cannot apply for the SCV visa. Can anyone see any visa or employment issues?
Thanks Skybluestu

Beoz

I don't know of any rule preventing you from doing this under the normal business visa. That said on about the 3rd or 4th visit immigration may want to know what you are up to.

Dorothy

What "normal business visa" are you referring to? As far as I'm aware New Zealand PRs do not have the right to work in Australia without the correct visa.

MarkHoath

If you are working in Australia you will probably need to pay tax in Australia, espectially if you are resident for 6 months in Australia (find an accountant).

If you are working in Australia, you need some form of work rights, and the 400 short term business visa does not allow you to work or consult. Merely to attend meetings, training, exploratory business etc. Not to mention that if you dont have work rights, your employer faces fines and sanctions if they do employ you and get caught.

You would need to either wait until you are a citizen or apply for a 457 work visa.

Alternatively consult remotely from NZ.

Dorothy

How, pray tell, would the OP apply for a 457? Would he not need an eligible sponsor to do that?

Pollyana

I'd have thought so, maybe mark could clarify a bit more?

skybluestu

Temporary Work (Short Stay Activity) visa (subclass 400)
this one might work if I meet the criteria
This visa is for people who want to travel to Australia to:
•do short-term, highly specialised, non-ongoing work
•participate in non-ongoing cultural or social activities at the invitation of an Australian organisation, or
•in limited circumstances, participate in an activity or work relating to Australia’s interests. ​
Generally the stay period allowed is up to three months but up to six months may be considered in limited circumstances if supported by a strong business case.

Red_V_Roger

I think you are looking in to it far too deeply. You will be living in NZ, getting paid in NZ and paying tax in NZ. You will simply be coming to Oz when required. Its no different that when I go from Australia to NZ for a meeting or to set up a machine for a client. I just go, do the job and come home. No need for any visa rubbish.

spouse of scouse

I don't think that's correct (no need for any visa rubbish). He's not a citizen of New Zealand - he needs a visa just to visit Australia, let alone work here.

https://www.govt.nz/browse/leaving-n...g-to-australia
Most New Zealand citizens can visit, live and work in Australia without applying for a tourist or work visa. Permanent residents in NZ need to apply for visas.

Red_V_Roger

Yes, but he is NZ PR. I don't still don't see that it needs a 457 or similar. I went to do meetings and commission machines in NZ when I was on 457 and Oz PR (before citizenship). Just got 6 month entry stamp on arrival, did the work, came home and got paid here in Oz.

Only difference I guess doing it the other way is that a visa is required to enter Australia, but seems to me he just gets eVisitor (subclass 651) online when needed, like any business man visiting from Europe, USA, Canada etc would do. Nothing else needed.

Pollyana

The rules don't work the same each way though.

Aus PRs can go and live/work in NZ without a visa, but the same is not true in reverse. Possessing NZ PR doesn't give anyone the automatic right to live and work in Aus.
Can't see how he could get a 457, - I'm still waiting on markhoath to expand on that pronouncement .
For a 651 he would need to meet the conditions surrounding business:
eVisitor (subclass 651)

Your eVisitor lets you:

• enter Australia for up to three months during each visit during the 12 months from the date the eVisitor is granted
• have a holiday or visit family and friends in Australia
• study in Australia for up to three months in some circumstances
• engage in business visitor activities while in Australia provided you:
• do not work for or provide services to, a business or organisation
• do not sell goods or services to the public.

Business visitor activities include:

• making general business or employment enquiries
• investigating, negotiating, signing or reviewing a business contract
• activities carried out as part of an official government-to-government visit
• participating in conferences, trade fairs or seminars, as long as you are not being paid by the organisers for you participation.