Business visa restrictions

Each applicant for temporary or permanent visa must show positive “character” with police clearance certificates.

Moreover, applying for a permanent visa and citizenship, the applicant and family members have to demonstrate even more positive factors of character living in Australia.

The “starter kit” for a law-abiding Business visa holder includes following these laws:

  • Commonwealth laws
  • The laws of the states or territories where your business operated
  • Laws about taxation, superannuation and workplace relations (Fairwork)
  • Prohibited involvement in any business or investment activities that are unacceptable in Australia
  • No debts to Australian government (e.g. Taxation).

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Examples of non-compliance with relevant Australian business laws include:

  • lodging taxation documents (such as Income tax returns and Business activity statements) that are not true and correct to the best knowledge of the primary applicant (or their spouse/de facto partner)
  • failing to lodge relevant taxation documents in accordance with prescribed requirements made with the collecting authority
  • not paying government taxes and levies in full and on time (or in accordance with alternative payment arrangements made with the collecting authority)
  • not complying with, resulting in breach of, laws of the Australian Border Force
  • failing to pay in full and on time (or in accordance with relevant alternative arrangements) all superannuation, Superannuation Guarantee and workers’ compensation obligations in respect of the employees of the Australian businesses of the primary applicant or their spouse/de facto partner
  • not complying with conditions under relevant industrial awards that apply to the employees of the Australian businesses of the primary applicant or their spouse/de facto partner (such as rates of pay, hours of work, overtime, and leave entitlements)
  • employing a visa holder in breach of the work conditions of that visa
  • not complying with other relevant workplace laws (such as Workplace Health and Safety requirements, anti-discrimination laws, and industrial relations practices)
  • not complying with food hygiene or liquor licensing regulations
  • for any company of which the primary applicant or their spouse/de facto partner is a director, not complying with corporation law requirements.

Obviously, in Australia, as in any country that you respect and would like to live in, you should be a law-abiding resident and businessman. It is especially important to follow these rules if you would like to change status from Resident to Australian Citizen.

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