It's been a while since I visited, but I've been quite busy with my temporary recollection to the other side of the world... which, perhaps uncoincidently is the very reason why I've returned to seek your advice...


I'm starting to get the impression I'm here on the wrong VISA.


In short, the company I work for are working with an Australian company on a new project (architectural design) and have sent me out here to work with said Australian company - for six months - on a 6 month working holiday visa.

I'm still getting paid UK pounds into my UK bank account and paying UK taxes etc - but I'm here - getting told by EVERYONE that it all sounds rather dodge - and that I should be on some other kind of VISA.

I'm not particularly worried about it - I'm more annoyed that there's even room for this kind of doubt - especially because it wouldn't suprise me at all if my company had dodged a more expensive process/application and chose to gamble with my legitimacy to revisit Australia (imagining here that the worse case scenario would be I do get "caught" and told I can't come back)

I've emailed as much to immi - but unsuprisingly, they've simply emailed back with "call us" - which at present I don't really want to do without some further facts in hand to properly engage my employers.

Any help anyone?

Hi mate,

Firstly where abouts in Oz are you? (It make's no difference, I'm just interested - being here too)

From my (fairly limited) knowledge of VISA's here I'd say you should be on a completely different one too. But I'm just off to check what immigration on the web here have to say....

Ok after having a look, it looks like you might be ok... see here

The only thing that concerns me is the tax, I'd think you should be paying tax to Australia and not the UK, especially as the company you're working for is based here, however you're not to know that, and if you do 'get caught' I'd guess it'd be them as opposed to you that'd get in trouble.

Working Holiday Visa Conditions
The scheme gives Australia Working Holiday Visa holders casual work rights in order to supplement their travels. Work undertaken must be incidental to the main purpose of holidaying, employment for more than 6 months with any one employer is not allowed. The application for a first Australia Working Holiday Visa must be made offshore.

Basic Requirements
You must be between 18 and 30 years old.
You must have a valid passport with at least 1 year until renewal.
You must have sufficient funds to support yourself when you arrive in Australia.
Health and Character Requirements
You must not have any substantial criminal convictions.
You must not have any substantial medical issues.

http://www.immi.gov.au/media/fact-sheets/49whm.htm



From that I'd say you're OK (which surprised me, when I was there on that visa I was only allowed to work for three months per company), although it is a bit flakey TBH. Looks like they took a short cut and went for the easier option rather than the proper business visitor one. But if anyone gets into trouble, it'll be them not you.

But then, I'm not an immigration expert, so don't quote me on that.

If they boot you out there's an automatic three year ban on re-entering the country. After that you can re-apply to get back in.

Ignorance of the law is no defence.

Have you talked to your company about it?

I should think it's okay, but the thing I'd be annoyed about is that you only get one of these. So if you decide to travel round Oz for a year taking casual work, you wouldn't be able to do it as you've used up your visa.

You can extend the 417 visa by 12 months if you do several months work in certain industries such as agriculture.

From my experience a 417 visa is something you apply for yourself. As you have been sponsored by a company to work out there then I would have expected you to be on a 457 visa which the company would have applied for. As you are being paid in pounds and not dollars it does sound a bit suspicious as the company could be trying to avoid certain costs such as NI contributions in the UK, or the 10% superannuation in Oz.

You should call immi asap as they will be able to provide you with the missing details. If your current visa happens to be nullified then under the circumstances your company should get you on a 457 which can be applied for whilst you are there or else you could get a bridging visa while you arrange something else such as the skilled migration one.

That is the most awesome name I have heard for a wage deduction for some time

If you were to get paid $20 per hour then the company has to put $2 into a super (pension) account for you.