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Creating Business Partnership with AU citizen whilst on a 457.


eiger

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I am currently on a 457, and happily working for my sponsored employer, with no plans to change!

 

However, myself and a friend (who is an AU citizen) want to start a small business to work on in our spare time. I understand as a condition of the 457, I can not work for another company or even myself, but is there another way? Am I allowed to have ownership of the partnership? How about if I don't ever get paid from it (until I have a permanent visa?) Can I have a company in my country of residence that has ownership of said company in Australia?

 

I understand the position of the immigration department whereby they impose these conditions to stop people from getting "fake" sponsorship's then working elsewhere and undermining their immigration policies, but I feel it also has a fairly anti-business effect for someone wanting to do more in their spare time, whilst still genuinely maintaining their commitments to their sponsoring employer.

 

Has anyone else been in a similar position and found an intelligent legal solution, other than having to put all entrepreneurial endeavors on hold for two (or more) years?

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I am currently on a 457, and happily working for my sponsored employer, with no plans to change!

 

However, myself and a friend (who is an AU citizen) want to start a small business to work on in our spare time. I understand as a condition of the 457, I can not work for another company or even myself, but is there another way? Am I allowed to have ownership of the partnership? How about if I don't ever get paid from it (until I have a permanent visa?) Can I have a company in my country of residence that has ownership of said company in Australia?

 

I understand the position of the immigration department whereby they impose these conditions to stop people from getting "fake" sponsorship's then working elsewhere and undermining their immigration policies, but I feel it also has a fairly anti-business effect for someone wanting to do more in their spare time, whilst still genuinely maintaining their commitments to their sponsoring employer.

 

Has anyone else been in a similar position and found an intelligent legal solution, other than having to put all entrepreneurial endeavors on hold for two (or more) years?

 

You cannot start a secondary business or take a secondary job on a 457 visa. You could own the business as it would just be an investment then, but you couldn't work in it in which case I doubt your friend doing the work would agree to you owning it..

 

If you don't like the rules of your visa, perhaps look into getting a visa that better suits your needs.

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