[jimmymik]

Hi guys,

Bit of a random situation but long story short, I've just been granted a BVE with full work rights whilst I wait for an 820 partner visa to process... just wondering if those work rights allow me to own and operate my own business, or does it merely mean I can be an employee of someone else?

I can't find any info on what the work rights actually allow you to do but am hoping it would be OK...

If anyone has any info at all or has experienced something similar, your help would be much appreciated... am obviously wary of breaching any of the visa conditions but really want to plow ahead with my own company if possible...

Thanks in advance,

James

 

[wrussell]

Immigration could not care less, but depending on what type of business your propose to establish you might need a resident director.

 

[jimmymik]

Yep, that's the bit I'm not sure on. It would be Proprietary Limited, web dev company... wondering if I'm allowed to be the director of it myself really...

 

[paulhand]

Yep, that's the bit I'm not sure on. It would be Proprietary Limited, web dev company... wondering if I'm allowed to be the director of it myself really...

This is a good place to start: https://asic.gov.au/for-business/yo...s-directors/becoming-a-director-of-a-company/

 

[jimmymik]

Thanks Paul. Although all that says is "If the company is a proprietary company - that is, it has 'Pty' in its name - it must have at least one director, who must ordinarily reside in Australia."

I do reside in Australia, in fact I can't currently leave Australia because of BVE restrictions, but doesn't directly answer the question unfortunately...

 

[paulhand]

Thanks Paul. Although all that says is "If the company is a proprietary company - that is, it has 'Pty' in its name - it must have at least one director, who must ordinarily reside in Australia."

I do reside in Australia, in fact I can't currently leave Australia because of BVE restrictions, but doesn't directly answer the question unfortunately...

In which case you should probably be asking a company law expert rather than in a migration forum. Westley has answered the immigration part of the question.

Your question was could you be a director? That is answered on the ASIC page.

The real question is whether you will also need a resident director because you are not 'ordinarily resident'. This is an oft-cited article on the matter: Are you an ordinary resident?; which may be helpful.

 

[koldfield]

BVE/ work rights /advice

Hi there,

interesting thread, glad you've got working rights on your BVE.

My partner has been made redundant on his 457 (about 50 days ago) and we applied for our 820/801 partner visa in March. We are now looking at a BVE visa for him and hoping to be granted working rights.

Can I ask what process you took for applying for this? Did you go into the the Departments offices? Or on the immi account?
Was there somewhere you specififically requested the working rights or did they just give them to you?

I'm looking at preparing documents to make a case for work rights, based on the financial situation etc. Any tips or advice would be much appreciated.

Thanks and good luck with your business

Kathryn