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491 Skilled Work Regional (Provisional) visa - Work location...


Yetirat

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Hi all,

 

Quick one as I seek clarity here: I currently work for a global tech business. It's fully remote with a distributed workforce. If I apply and am successful with the 491 skilled work regional visa for South Australia, can I ONLY work for companies that are PHYSICALLY in South Australia? Or can I live in South Australia but continue working for a global business remotely out of South Australia?

 

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10 hours ago, Yetirat said:

Hi all,

 

Quick one as I seek clarity here: I currently work for a global tech business. It's fully remote with a distributed workforce. If I apply and am successful with the 491 skilled work regional visa for South Australia, can I ONLY work for companies that are PHYSICALLY in South Australia? Or can I live in South Australia but continue working for a global business remotely out of South Australia?

 

Well it's a working visa to help Australia fill shortages in their workforce, so I would guess the intention is no, but whether or not that is actually enforced, who knows (not me anyway)

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On 02/12/2021 at 08:27, Yetirat said:

Hi all,

 

Quick one as I seek clarity here: I currently work for a global tech business. It's fully remote with a distributed workforce. If I apply and am successful with the 491 skilled work regional visa for South Australia, can I ONLY work for companies that are PHYSICALLY in South Australia? Or can I live in South Australia but continue working for a global business remotely out of South Australia?

 

It will depend on exactly how things are structured. You won't get conclusive advice on a forum.

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2 minutes ago, paulhand said:

It will depend on exactly how things are structured. You won't get conclusive advice on a forum.

Thanks, not to push the envelope on the "conclusive advice on a forum" statement, but could you elaborate a little here please?

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2 hours ago, paulhand said:

It will depend how your contract is worded and how you can demonstrate that SA is your usual place of work.

We have similar problems in the Uk in determining things like employee expenses. You may be able to work from home, but usually your contract will say you work for X department at 123 high street, London. 

This is so that the company can opt to allow you to work from home if it suits you and them but not be on the hook to provide travel and accomodation expenses when they want you in the office.

In this case even though you may work from home 240 days a year you are still actually employed in London. 

You would need an immigration consultant and a tax/contract lwayer in all likelihood to be totally sure if your plan is watertight

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