Working Online in Australia, for home employer.
Some visitors to Australia continue working for their home country employer, doing work online, while on holiday in Australia.
A visitor visa does not permit working in Australia.
Condition 8101 states: The holder must not engage in work in Australia.
A Working Holiday Visa only permits working for specific periods for each employer.
Condition 8547 states: The holder must not be employed by any one employer for more than 6 months, without the prior permission in writing of the Secretary.
Both of the above two conditions cause some concern for some visa holders, who continue working for their normal employer on their home country.
My view on this is that the working rules are to ensure that jobs in Australia are kept for citizens, and those with visas that permit working.
This is shown under Condition 8112: The holder must not engage in work in Australia that might otherwise be carried out by an Australian citizen or an Australian permanent resident.
I feel that the rules do not stop people from continuing working online for their home employer.
The following are examples of relevant statements found on various websites:
You can work remotely full time for a foreign employer (not operating in Australia) whilst in Australia for the validity period of your visa without restriction.
You must not work in Australia.This means when in Australia, you must not do work. Work is performing an activity in Australia a person would normally be remunerated for.
If you are not being paid you can, without our permission, do incidental work online for your job in your home country.
If you are doing work remotely for an employer overseas that is incidental to your holiday in Australia, it is generally not a breach of the “no work” condition.
As long as you can prove that you are not taking a job opportunity away from an Australian in Australia, it is unlikely that you will breach the “no work” condition.
If this affects you, it might be worth double checking this with either, Immigration or an Australian Registered Migration Agent (RMA).
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