WHV and freelance work

[Wombat84]

I'm a bit confused in my situation and can't find any detailed info online, so I'm hoping someone here can help.

 

I'm currently on my second working holiday visa in Oz. In July I found some part-time freelance work with a company here. I applied for an ABN after we'd agreed for me freelancing from them, but because it took a couple of weeks to come through, for the first two weeks they paid me on PAYG. Since I got my ABN I have been sending them tax invoices.

 

My question is, does this count under the 6-month limit rule? I'm thinking yes, because I am working for this company...but I'm freelance, so am I actually technically working for myself? And if I am working for myself can I only work for myself for a maximum of 6 months?!

 

They are considering taking me on full time and sponsoring me, but I want to find out how long we have to figure all that stuff out.

[Guest]

Are you providing what is generally called 'Personal Services' in Australia i.e. you are providing your skills to the company rather than goods? Usually where a person works freelance for one company this is the case. You can find plenty on the ATO website to clarify where you would be considered to be providing 'Personal Services' http://www.ato.gov.au/Business/Personal-services-income/In-detail/Sole-traders/Personal-services-income-for-sole-traders/?default=&page=1

 

I think this may be relevant in whether you can work for that 'employer' for more than 6 months.

 

TBH I would be asking DIAC rather than a forum - if you have an opportunity to stay and want to take it up I would not be risking putting a foot wrong, WHV are probably one of the most abused and DIAC are not sympathetic to transgressors.