Working Remotely in Australia While on Visitor Visa?

Discussion in 'Immigration Law Forum' started by Lae, 15 January 2019.

  1. Lae

    Lae Member

    Joined:
    15 January 2019
    Messages:
    1
    Likes Received:
    0
    This is probably a bit of a grey area, but is it legal to work as a freelancer for an overseas company while in Australia on a visitor visa? Neither the employer or the payment is in Australia, so technically, it's not working in Australia any more than someone checking a work email or taking a work call while on holiday is. But perhaps the immigration law has a different view?
     
  2. Ann Zhou

    Ann Zhou Lawyer & Registered Migration Agent

    Joined:
    27 January 2017
    Messages:
    21
    Likes Received:
    2
    Hi Lae,
    You are right, the migration law does impose "no-work" condition on visitor visa holder, but the grey area is more related to taxation law than migration law. As soon as you have established a tax resident in Australia and you are generating income from Australia, then your work will be constituted as working in Australia while holding visitor visa.

    Hope this has answered your question.

    Ann Zhou, Lawyer & Registered Migration Agent, Elliot Lawyers - Sydney, NSW - LawTap - Find a Lawyer & Book Online Instantly.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Scruff

    Scruff Well-Known Member

    Joined:
    25 July 2018
    Messages:
    362
    Likes Received:
    44
    This largely depends on the type of work and whether or not it involves Australian consumers or businesses paying money which ultimately ends up in another country.

    If that is the case, then you can't do it - because you are carrying on a business in Australia without being registered, having an ABN, paying tax, etc.

    If your work does not involve Australian consumers or businesses, then I wouldn't be concerned about it. In this case, the fact is that your income comes from another country and you are spending that money here - which is a positive for the Australian economy. I don't see anyone having a problem with that.

    As Ann pointed out, this is more about taxation laws than anything else. So if you are not carrying on a business activity that involves dealing with Australian people or entities, then you are not required to pay tax here - as you are simply an employee working away from the office and paying relevant taxes back home.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;