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Daniel Brocklehurst

Working holiday visa - self-employed

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Hello all!

 

I am looking to move to Australia for one or two years to live with my girlfriend, before moving back to the UK with her. I would like to earn money via English private tuition, as I have been tutoring in the UK for a year (before this, I was a secondary school English teacher). This work would therefore be self-employed, unless of course I used an agency to find work (in which case, they would be my employer, I assume?). Am I allowed to do this? How would the 6 month rule about switching employers work with this? The official Australian website only refers to having to change employers every six months, not anything about earning money through self-employed means?

 

I'm struggling to find anything concrete about this. I understand the nature of the working holiday visa - it's supposed to be for a holiday... is there a better visa, therefore?

 

Any advice would be greatly appreciated!

 

Danny

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A WHV is only good for one year. To gain the second year you will have to do your 3 months (or 88 days it actually is iirc) regional work to qualify for your second year. Else it'll mean departing Aus at the end of your year.

 

Double check the agency being your employer thing. I thought for the WHV they classed the business as the employer regardless of being paid via an agency.

 

Keep in mind the demand for private English tutors may not be great. Could be an oversupply as there are many listed online. Lots of choice for people and competition etc, plus building up a client base. Just things to think about.

 

I found this elsewhere re the self employed. I'd also suggest you research the 6 month thing if self employed as I'd expect it would apply even if you are self employed. I'd think they have restrictions in place for it same as if employed else people could use the self employed route to get round the 6 month rule and abuse the system. I've no clue how you would break teaching down for this or if its possible or more of a headache so perhaps not worth going down that route if self employed is limited to the 6 months. Also consider the tax implications if self employed on a WHV. The WHV tax rules have changed recently and am not up on what is what. Hopefully others will know more what it could mean for you if self employed.

 

Hope I made sense. Rather tired this morning. And as I said, I'm not definite on the self employed work being limited like the employed but I'd expect it to be the case. Hopefully others will know more and shed more light if I am barking up the wrong tree.

 

Apply for an Australian Business Number ABN

 

Some employers will require thier Working Holiday Makers employees to apply for an Australian Business Number (ABN). By appying for an ABN you are registering yourself as a 'business' i.e self-employed.

An ABN is not the same as a Tax File Number (TFN). The TFN is your personal number for dealings with the ATO. An ABN, whilst 'attached' to your TFN on ATO systems, is a public number used in business dealings.

The ABN:

• helps you claim goods and services tax (GST) credits

• facilitates a single business activity statement

• lets you claim any energy grants credits that you qualify for

• stops businesses deducting pay as you go (PAYG) withholding tax from payments to you

• allows businesses to easily confirm your details for ordering and invoicing purposes

If your business has an annual turnover of $75,000 or more, you must register for GST and you'll need an ABN to do this. If your business has a lower annual turnover, it's up to you whether you register.

https://www.travellers.com.au/TaxReturns/ABNNumbers/tabid/535/Default.aspx

 

 

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Just one thing, is your GF an Aussie? If so, keep in mind the visa rules for the UK are very strict for partners. And if she is an Aussie but young enough to get a UK WH type visa then you can't lodge a partner visa application off the back of this anymore I don't think. Am pretty sure they closed that loophole a fair while back.

 

If she is British or holds a UK passport, then no dramas. Just if she happens to be an Aussie, do your homework.

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Thanks very much for the info. I really appreciate it.

 

It's certainly a very complicated affair.

 

My GF is indeed Aussie herself. She was over in the UK for the past two years but her visa ran out in March. She's 25 and I'm 27. It's a real shame to hear about the partner visa application. Are you talking about the de facto visa?

 

We do have a plan B, which does involve me not going to Australia for a year, working elsewhere, then going with a more substantial amount of money. Of course, this poses its own obvious difficulties - although it pragmatically seems like the best option and involves much less risk. You do have a good point about the competition with tutoring. I'm certainly under no illusion about this.

 

Many thanks for the information!

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Well a WHV is very simple. Just have a plan B C and D work wise while on it.

 

Re the partner visa for the UK, yes. Its far harder to get a partner a UK partner visa than it is an Aus partner visa. However, Aus partner visa may see changes which could add to the process or move the goal posts.

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I think we're going to wait a year and spend that time applying for the de facto visa for Australia. I've heard it can be a lengthy (and rather intrusive) affair but it's the best thing in the long run.

 

Many thanks for all of the advice and information!

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A partner visa for Aus costs $6865. That's almost £3,600 atm. The cost isn't going to come down either. Plus there is a medical to pay for and pass and of course the police check etc.

 

If you only plan to go to Aus to live for a year (or two) it is a very expensive visa to be going for. Why not go for the WHV if you don't plan to live there longer term, you can do your regional work to give you the second year you are after. A partner visa is a migration visa and if you don't plan to live in Aus, as in migrate there for the longer term, I don't see the point jumping through all those hoops and paying that expensive visa fee. Not if you are going to return to the UK within a year or two.

 

Also you really will need to prove the de facto thing. Not just BF and GF and dating but properly sharing your lives. For a partner visa you'll be expected to provide proper documented proof of your de facto situation and will need to provide things like bills, wills/life insurance policy naming the other, joint lease or mortgage and the like. They will want fully documented evidence for the 12 months prior to lodging, so something for each month (we submitted our joint bank statements, a bill from each month addressed to one or both of us at the same address, car insurance with both named on the policy, life insurance policy naming the other and other things). Plus some other evidence if you are claiming de facto for longer (ie a lease from a few years previously when you moved in together or opened a joint bank account etc). They are not going to take your word for it and things like FB chats or phone bills showing 2 phone numbers called each other a lot. It requires proper evidence so be sure you can provide it otherwise its a lot of money to be throwing at a visa.

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