Working Remotely in Australia While on Visitor Visa?

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Lae

Member
15 January 2019
1
0
1
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?
 

Ann Zhou

Lawyer & Registered Migration Agent
27 January 2017
21
3
124
Sydney
lawtap.com
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.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
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.