lou1003

Hi guys,

I have a bit of a random question....

I submitted my application for a partner visa on 7th Jan 2011, in Australia. I am in Australia on a tourist visa, which was then extended to a bridging visa.
Now, I completely understand that I am not allowed to work in Australia until the time that my partner visa is granted ().

However. Say if I were to set up a website based in the UK, using my National Insurance number (or business number) from the UK, selling my photography, based out of the UK, therefore earning from the UK (and would do my tax etc as required there), would that be illegal in terms of my status in Australia?

As I say, I'm not going to work in Australia as I understand it is completely illegal. I have been here on a tourist visa for 3 months, and when I applied in Darwin they told me 6 months wait.

(On a side note, I was requested for extra information on Monday, which I took to them and was advised I still had a 6 months wait as all applications from Darwin are being sent to Perth, so I've been waiting a month just to have my application submitted!)

So, as I am going to be at least 9 months in total without work, although I am not desperate for cash (I have savings in the UK and a partner to support me), it would obviously be helpful if I could for instance, sell my photography for some extra cash.
It's also a way for me to keep busy in these 9 months! I have become a photography nerd!
I'm planning to set up an Aussie website as soon as I am allowed to work again, but for the time being, I thought a UK website could be an option....

Any thoughts?

Thanks in advance, and sorry for the ramble - I've been home alone all day and I tend to just want to talk and talk after a few hours!

Jamie Smith

There are separate visas for people who are in Australia to do work on behalf of an overseas business.

gr8leo87

Telecommuting is a very tricky issue.

Technically you are not allowed to 'work' on your visit visa. But what consitutes work is not defined.

Can I not even send or even read an email that is related to my work on a visit visa?
Or I can answer a call from a subordinate who don't know how to carry out a certain task?
Or can I not even tell my peon where the files are?

What really constitute work?

And that makes me think would a philosopher would be stopped from thinking (as he is essentially working) when he is on a visit visa?

Tricky question.

Most certainly unanswerable.

And any overseas business who sponsors you have another set of requirements to meet, which i am afraid your website won't be able to meet.

Another option is a working holiday visa if you are eligible for one.

Even if you are on a work visa, if you are working beyond the employer's designated occupation, you are still probably doing illegal because working for two employers on one employer's visa is also illegal, unless ofcourse you have a permanent visa.

But what is for sure is working on visit visa is not allowed. So beware if you are a philosopher.

Jamie Smith

I think it is answerable.

I can imagine DIAC saying that doing your usual work for an overseas employer while here on other reasons is OK, if you just happened to be in Aus when you needed to XYZ; but doing work in Aus for the o/s employer for the specific reason of working in Aus for the o/s employer is not.

gr8leo87

http://britishexpats.com/forum/showthread.php?t=699618

There has been a hot debate about the working online issue. The above link is to that thread.

So does it mean a person can work remotely while in australia on a visit visa?

lou1003

Thanks for the replies guys.

This certainly clarifies it for me.

I presume the same would apply when there is no employer, as such.

Thanks for the advice, I will just have to wait.

I thought I'd been a genius and worked out a way to get around the no-working in Aus thing... but DIAC are one step ahead of me!

I must have too much time on my hands with all these crazy ideas.... :-)

Jamie Smith

But there is an employer, the entity that has the tax registration and NI number, even if that is you. You being a sole trader in the UK would be using the services of you in Aus.

Legally confusing or grey area but the tax wallahs and migration wallahs in Aus could ask you to explain yourself, but if you didn't have an Aus work visa and you'd be having to say that a Uk entity was providing you with the work... and as such you would need a overseas business sponsored visa for you to do the work in Aus.

gr8leo87

The word grey area is a taboo around this forum. I had one thread closed because I used the word grey area just for the sake discussion and explanation.

lou1003

Makes perfect sense!
I knew it probably wouldn't be possible, but just thought I would ask!

Thanks again guys.

moneypenny20

The thread you mention was not closed because the words grey area were used, it was closed because you continued to ignore the people telling you that you were giving duff information that is considered illegal. As has been said, in that thread and this, working in Australia, regardless of who you (general) work for, whilst on a Tourist Visa is illegal. End of.

And another thread bites the dust because one person can't get to grips with the fact that BE cannot condone posters suggesting illegal activities. At least the OP has the facts now.