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WA Can a 457 Visa Register an ABN?

Discussion in 'Commercial Law Forum' started by Legally Fizzing, 10 April 2016.

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  1. Legally Fizzing

    Legally Fizzing Active Member

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    I would like to know 2 things:

    - Can an individual working in Australia on a 457 Visa register as the Sole Director of an Australian Pty Ltd Company (with ABN, etc)?

    - If this is not lawful what is the legal consequence?

    Regards
     
  2. Tim W

    Tim W Lawyer

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    A few further questions....

    1. Are you lawfully in Australia now?
    2. Was there a "no further stay" condition on your 457?
    3. Will you be doing the work that you got your 457 visa for?
    4. Why can't you stay with your sponsoring employer?
    5. Are you genuinely setting up a business,
      or are you sham contracting for your original employer?
     
  3. Legally Fizzing

    Legally Fizzing Active Member

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    Hello,

    Thanks for taking the time to engage with me on this one. Firstly the query revolves around another party, I am an Australian Citizen and I am currently involved in a vexatious legal matter with an individual who is already outside of his 457 conditions having been dismissed from his original employer, remained unemployed for about 4 months and then obtained employment with another firm in a similar but not identical position. Concurrent to his original employment he set up a number of companies under his ABN registered entity.

    As I am of course not privvy to his visa application I am unable to answer your questions other than to say that for item 1; it is questionable. For item 3 I would say a definite 'no'. The companies he has set up are not related to the role he was employed for.

    Therefore I am hopeful that there is a broad enough restriction under law that would allow me to report his dealings to the Immigration Department in an effort to expedite a decision on this status.
     
  4. Tim W

    Tim W Lawyer

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    If you suspect that he is an unlawful, then report him anyway.
    That is the extent of your duty.
     
  5. Legally Fizzing

    Legally Fizzing Active Member

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    .... another interesting angle. The legal matter I am embroiled within has been dragged out for two years with the most tenous and unreasonable of objections. His case is unwinnable but he is playing the perpetual victim and despite having lost every single point of his application within the current intermit ruling; he will not give up.

    This I believe is likely to be related to this general advice ..... "if you do request a waiver of a 'No Further Stay' condition, the departmental officer who considers your request must be satisfied that all the above requirements apply in your case, namely that:
    • the circumstances that have developed since you were granted the visa are both compassionate and compelling
    • you had no control over these circumstances
    • these circumstances have resulted in a major change to your personal circumstances."
     

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