Is it possible to start a business on a 457 visa, or on a student visa?
It is possible to start a business while you are in Australia on a temporary visa; however, if you are sponsored full-time by an employer, it will be very hard to demonstrate that you have maintained direct and continuous management in a business, which is a requirement for a 188A visa. Many students find that the 188 Entrepreneur stream visa is a much better option as there is no business background required. You will need an innovative idea and competent English skills.
Visa applicants must comply with Australian laws and conditions of their visa. Therefore, a student on a student visa would need to study and meet course attendance requirements. Similarly, an employee on a 482 Temporary Skilled Worker visa would need to comply with the conditions of employment, employment contract and any visa conditions. To set up a business in Australia, it is recommended to check the applicant's eligibility for the 188A Business Innovation visa, and then make a valid application.
Depending on which visa is being held, temporary foreign residents may be able to launch their own business in Australia. However, those on work (SC 457/482) may need to be mindful that they are supposed to work full time for their sponsoring employer and not be running business on the sideline. For student visa holders, there is a cap on 40 hours of work per fortnight only as they are expected to study full-time. However, there is nothing to stop their partner/spouse accompanying on the same visa to start and run a business during their time in Australia and hire workers to help (provided they stay within the limit of work hours per fortnight -if on a student visa). Remember that the Department of Home Affairs shares information with the Australian Taxation Office so it is advisable to always stay compliant throughout the duration of each visa held.
Temporary foreign residents holding a student visa, or other wok visa, may launch their own business in Australia if they meet their current visa conditions. Student visa requires one to meet study conditions such as minimum attendance, academic progress, and work limitations. Any work, including working in one's own business are subject to visa restrictions. For example, if the student visa allows 40 hours of work per fortnight, this includes any work carried out for one's own business. Although a special circumstance currently prevails due to the COVID-19 impact, students are allowed unrestricted work, this can be reverted any time. Similarly, holders of 482 (previously 457) visa holders are required to work for their employer who sponsored their visa. Therefore, although there are no specific restrictions, temporary foreign residents should be cautious that by indulging in their own business, they must not have deviated from their primary purposes of their current visa and breached their current visa conditions.
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