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Is a homeowner classed as an employer?


Aaron2478

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Hi guys.

 

I arrive in Australia in may, I currently work in construction and have been offered work by a friend of the family restoring his home.

My question is, am I able to use this towards my 2nd year visa? With correct pay slips and paperwork is it possible to be employed by a home owner? Or does it have to be a business.

 

Many thanks 

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So it's  in a designated regional area for 2nd WHV.  I know the application form asks for the business name and ABN (Australian Business Number)  of the employer.  Hopefully one of the regular Migration Agents will be along with their expertise.  

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On 4/2/2018 at 17:18, Aaron2478 said:

Thanks for the quick replies everybody.

 

So it seems its a no go option. As far as I'm aware getting an ABN on a WHV isn't possible. 

 

Yes it is possible, I know  a few people who have done it.  If you're a freelancer of some kind (e.g. a musician or a web designer), then it's your only option.   

Whether it can work for you - it depends.  Could you get other, similar jobs for the rest of your WHV?  If so, then it would work.

When you apply for an ABN you have to make a legal statement that you're setting up a small business (as a sole trader).  The ATO will check on that.  If you get your ABN just to do this one job, then they'll say you're not a genuine business and prosecute you!  

If, on the other hand, you get your ABN and then continue to do a variety of contracting work for various people during your WHV, it's no problem.   

You will need to read up on how to work as a "sole trader".  Basically all you do is get your ABN, then when you do work for someone, you have to give them an invoice for the work.  You'll need to have your own insurance etc because you're not their employee.

Edited by Marisawright
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So if I was able to get an ABN, would I only be able to operate the business for 6 months? As I'm only allowed to work for the sane employer for that amount of time.

 

Also would it count towards my 2nd year visa? 

 

I currently run my own construction company in Spain, so doing the work isn't an issue. I just want to make sure its all above board and legal.

If its a no go, I'm more than happy to do the fruit picking to gain my 2nd year 

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1 hour ago, Aaron2478 said:

So if I was able to get an ABN, would I only be able to operate the business for 6 months? As I'm only allowed to work for the sane employer for that amount of time.

I'm afraid I don't know the answer to those questions, I hope someone else will be able to tell you.

It's certainly all above board and legal.

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Guest The Pom Queen

Yes I think it would count as it’s a rural area.

Yes you could still only work there for 6 months as they are the EMPLOYER. Even if you worked for an employment agency and they paid your wages you couldn’t work for the same employer. They can find you work elsewhere and that would be acceptable.

People have tried to do what you have suggested, a few have got away with it and quite a few haven’t been so lucky.

I have seen people try doing it a different way to try and cheat the system where, for example your friend gets an ABN and you work as an employee for that 6 months then you apply for an ABN and work self employed. Again not legal and if caught you would forfeit your visa.

You could however, do as suggested above and work elsewhere in construction. We live in the area you are heading and there are always people asking for people to help with building work, even erecting things like farm sheds etc. 

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