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SA VISA 489 - sole proprietorship company to fulfill 1 year employment

Hi there,

for Visa 489 - the requirement is to have 1 year of full time employment. Can I setup up a sole proprietorship company and take on adhoc contracts for consultancy or operation support work? Can these contracts come from my current country, e.g. Singapore or Malaysia - which mean I would be in Adelaide but a company in Singapore is paying me for consultancy or operation support work on a monthly/ retainer basis? Would this arrangement count towards the fulfillment of the 1 year employment requirement for Visa 489?
 

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
I am not sure about this arrangement, but will you get your salary in Australia (e.g. will you have taxable income in Australia)?
 

santhsohgr

Regular
Messages
127
Points
18
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
Hi there,

for Visa 489 - the requirement is to have 1 year of full time employment. Can I setup up a sole proprietorship company and take on adhoc contracts for consultancy or operation support work? Can these contracts come from my current country, e.g. Singapore or Malaysia - which mean I would be in Adelaide but a company in Singapore is paying me for consultancy or operation support work on a monthly/ retainer basis? Would this arrangement count towards the fulfillment of the 1 year employment requirement for Visa 489?
As @MysticRiver mentioned payment of tax to Australian government could be one of the criteria the department may look for. With the money you make, would it be possible to hire someone in Australia as a team member? Because, It'll make your case stronger as you are generating employment and he/she will also pay taxes. Make sure to create written contracts, proposals and other marketing/sales collateral promoting your services.
 
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
I am not sure about this arrangement, but will you get your salary in Australia (e.g. will you have taxable income in Australia)?
Yes, the revenue earned / received from the contracts will be part of the sole proprietorship financials which would be filed and taxed accordingly. Correct/?

Should I pay a salary to myself from the sole proprietorship company or the income earned from the company is good to reflect that it would be taxed too? Any idea who I can reach out to, to confirm the requirements or the governance/ process for such a cases?
 
I don't think the revenue earned would be sufficient to hire another employee to assist me. It would be one-man show to run the company and the contracts for the ad-hoc jobs would most likely be for my own income. This is a back-up plan if I am unable to source a full-time employment.

As @MysticRiver mentioned payment of tax to Australian government could be one of the criteria the department may look for. With the money you make, would it be possible to hire someone in Australia as a team member? Because, It'll make your case stronger as you are generating employment and he/she will also pay taxes. Make sure to create written contracts, proposals and other marketing/sales collateral promoting your services.
 

MysticRiver

Administrator
Staff member
Messages
13,610
Points
113
I think like several other things, DHA failed to clearly outline the exact criteria which should be considered as working in-state. I haven't seen any official statement that says you have to be paid by an Australian employer or based on the state of interest. But, there might be something that I missed.
 

santhsohgr

Regular
Messages
127
Points
18
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
I don't think the revenue earned would be sufficient to hire another employee to assist me. It would be one-man show to run the company and the contracts for the ad-hoc jobs would most likely be for my own income. This is a back-up plan if I am unable to source a full-time employment.
Have you checked the requirements for a 887 there is some details about the employment requirement? The info maybe of some help.
 
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18

santhsohgr

Regular
Messages
127
Points
18
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
Yes, the revenue earned / received from the contracts will be part of the sole proprietorship financials which would be filed and taxed accordingly. Correct/?

Should I pay a salary to myself from the sole proprietorship company or the income earned from the company is good to reflect that it would be taxed too? Any idea who I can reach out to, to confirm the requirements or the governance/ process for such a cases?
Paying salary to yourself will not make any difference as proprietor and the firm are one and the same. The following info is extracted from DHA website:

Proof of full-time work might include but is not limited to:
  • payslips that cover the period of employment
  • contracts, tax returns, group certificates and superannuation documents
  • employment references
  • any other documents relating to your employment history
  • signed and dated employment references on company letterhead showing the exact period of your employment, whether full- or part-time, your salary, duties and the position you held
If you have been self-employed, proof might include but is not limited to:
  • audited financial statements for the relevant period
  • company registration documents
  • taxation documents
  • examples of major contracts
  • advertising and marketing material
  • company profile or prospectus
  • memberships of any business or professional associations
 
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
Paying salary to yourself will not make any difference as proprietor and the firm are one and the same. The following info is extracted from DHA website:

Proof of full-time work might include but is not limited to:
  • payslips that cover the period of employment
  • contracts, tax returns, group certificates and superannuation documents
  • employment references
  • any other documents relating to your employment history
  • signed and dated employment references on company letterhead showing the exact period of your employment, whether full- or part-time, your salary, duties and the position you held
If you have been self-employed, proof might include but is not limited to:
  • audited financial statements for the relevant period
  • company registration documents
  • taxation documents
  • examples of major contracts
  • advertising and marketing material
  • company profile or prospectus
  • memberships of any business or professional associations
Thanks so much for the above information.
 
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