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Can a 457 Visa holder own a share in a business?


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Hi folks

 

I am the holder of a 457 Visa with 1 year currently remaining of my 4 year visa. My employer will be commencing the renewal my visa after Xmas. I am happy in my job and feel lucky that my employer is happy and is looking to cement me into his business.

 

I have set up, and now run, the new business with little involvement by the Director and pretty much have a firm hold of the reins. I love my job, even though it is fairly full on most of the time, and I am grateful to be living in a lovely part of Victoria.

 

I have the opportunity to create a new online business as an add-on to the current business. I have been researching and planning this for the last 2 years and I obviously want to be the Director of a company which owns/operates the website and to be the major shareholder. I have already set aside my own money for this venture and I am ready to press the GO button.

 

Having discussed this opportunity with my employer, who is all for it, offered the following deal...

 

I buy a 20% share of his business for the cost of the online business. The cash injection would be wholly used to develop the online business. This then means he would keep 80% of the main business and 80% of the online business. Clearly an unattractive offer which I plan to decline.

 

My counter offer would be to accept 20% of his business (no cash involved) in return for me giving him 20% of the online business (again, no cash involved). I would then introduce and use my money to develop the website (recorded in the accounts as a Directors loan). My primary reason for offering 20% to him is because I need the goods to be supplied by his business, with preferential pricing, not available anywhere else. I also designed this equity share into the online business to ensure that a healthy business relationship with a regular cash return is maintained.

 

As far as his business is concerned, his idea is to offer me a share is an attempt to secure me into my job long term.

 

So, after all that blurb it's time for my question....

 

Can I register, own and operate a business in my name under my current Visa whilst remaining an employee of my sponsors business?

 

Any solid advice or pointers would be gratefully received.

 

Happy Daze

Tony

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Hi Tony

 

Sorry I can't help you with the specific question, but the obvious one to me would be - is there is reason you haven't applied for a PR visa?

 

We were on a 457 (as we weren't eligible for PR at the time) but were able to apply under the transition scheme after 2 years for PR.

 

Sorry if it's an obvious question :)

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Thanks for the replies Alaska & ali

 

My employer will do whatever pretty much they can to keep me here but unfortunately I am not at all into the whole Visa thing.

 

The usual downside is timing at the moment. The online thing needs to capitalize on the summer so I really need to start the ball rolling on that.

 

I will ask my sister who is quite cluey on all of this to research the transition scheme and see if that will assist.

 

Thanks again.

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