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Can I start a business while on 457 visa and staying with current employer?

4246 Views 2 Replies 3 Participants Last post by  julia847
Hi, my name is Niall, I'm 31 years old, from Ireland and have been living in Australia for over 5 years so far.

Originally I worked a mechanical design engineer and in the last year I moved to a technical sales role for a new company. My sponsorship got transferred and they applied got me a new 2yr 457 visa, approved a few weeks ago.

While waiting I tried to go down the PR route but my skills assessment through Vet Assess got rejected last month as my experience is not sufficient and my degree in technology with design is not relevant which has put a halt on my PR hopes. My next option is getting 2 years with my existing employer and gaining PR through them. That is 15 months away.

I want to start a protective motorcycle clothing business with a friend who is an Australian citizen and ideally we would like to register it together as partners. I have seen similar topics from a few years ago but think rules may have changed since then and I'm hoping for an answer specific to my situation.

If I stay with my current employer who sponsor me and work full time with them can I be a partner in my own business outside of this? If not I'm keen to hear any other options. I don't want to wait 15 months plus for PR, realistically by the time I would get it, it would be 2 years.

Thank you in advance for any answers or advise given.
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How did you go?

Hi Niall

I saw one of your other threads, just wondering if you had consulted anyone?

The reason why I am asking is because I ran into the same problem, but I didn't ask anyone I just did it (urrrgh).

So while on my 457, I started a company with my partner. I was doing that while still working full-time with my previous sponsor. I honestly didn't think anything wrong with it so I openly told everyone about what I was doing. I mean, our company currently employees several people and if anything I am creating jobs, not stealing it. I am also not being paid so technically I am not on payroll hence not an employee.

Turned out to be a big mistake.

Long story short, I applied for a partner visa with my boyfriend. 2 years later they finally got to review my application, and I was told that I need to withdraw my application because I am in breach of 8107 - for working on my own business while being employed on a 457 visa.

So the answer I got was no... Just wondering if you did get yours and how it went.
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