Australia 417 working holiday visa: Can I contract to employer on my business ABN after visa full-time work rights expire? [closed]

Australia 417 working holiday visa: Can I contract to employer on my business ABN after visa full-time work rights expire? [closed] - Ethnic businessman shaking hand of applicant in office

I'm really stuck and worried and wonder if any Australia visa gurus can advise. Any help is much appreciated.

Facts:

In Australia, on a 417 working holiday visa:

  1. You can stay up to 12 months and you can work for an Australian company for up to 6 months.
  2. After 6 months, you must give up the job, get a new visa or don't work at all.

My situation:

  • Currently on a working holiday 417, I am employed full-time.
  • No further visa options are available to me (I cannot apply for a new visa).
  • I deliver a professional service to the business of which I am an employee. I have my own Australian business ABN, which also delivers that service.

What I want to know is:

  1. Is it legal if, once my 6 months expires, that employer contracts to me via my own ABN, to do the same job but in a contract role vs. employed full time?
  2. Surely if I have my own ABN, I can do contract work for anyone without limitation?





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Can I apply for an ABN on a working holiday visa?

Some employers will require their Working Holiday Makers employees to apply for an Australian Business Number (ABN). By applying for an ABN you are registering yourself as a 'business' i.e self-employed. An ABN is not the same as a Tax File Number (TFN).

How long can you work for one employer on a working holiday visa?

Yes, you can work two jobs on a working holiday visa, but work with any employer is generally limited to a 6 month period. For example, you can work for 6 months for one company and once the 6-month limit is up, you can get another job with a new employer for another 6 months.

Can you be self-employed on a working holiday visa Australia?

Yes, you can be self-employed with a working holiday visa, but you can only keep a work contract for six months with the same business or company. You may also apply for an ABN (Australian Business Number) if you are self-employed.

Can I employ someone on a 417 visa?

Introduction. If you employ or plan to employ working holiday makers with either a visa subclass 417 or 462, you need to register with the ATO as an employer of working holiday makers. You must register before you make your first payment to them.



Updates for the Australian Working Holiday Visa (417)




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Sora Shimazaki, Sora Shimazaki, Sora Shimazaki, ROMAN ODINTSOV