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Uber and 457

  • 18-05-2015 7:08am
    #1
    thedarksh1te
    Registered Users Posts: 72 ✭✭


    Hey folks, anybody know if driving for Uber would constitute as a second job and therefore void your 457 visa?? Wouldn't mind doing a couple of hours a week to earn a few extra quid!


Comments

  • #2
    ArseBurger
    Registered Users Posts: 647 ✭✭✭ArseBurger


    If you're earning you're working. (actually, you're not technically allowed to do free work on a 457) You may only work in the role that is defined on the 457. Also, you may only work for the employer that has sponsored you on the 457 at any point in time while on a 457.


  • #3
    catbear
    Closed Accounts Posts: 5,092 ✭✭✭catbear


    It's odd that because as a partner on my wifes 457 I wasn't restricted from working any number of jobs!


  • #4
    thedarksh1te
    Registered Users Posts: 72 ✭✭thedarksh1te


    ArseBurger wrote: »
    If you're earning you're working. (actually, you're not technically allowed to do free work on a 457) You may only work in the role that is defined on the 457. Also, you may only work for the employer that has sponsored you on the 457 at any point in time while on a 457.
    Thanks Arseburger, yea I know the intricacies of the visa but I was hoping the relatively new phenomenon of ride sharing/Uber might fall between the cracks of the legal jargon of the visa. It's not as though I'd be employed by Uber they just pay me for providing a service. If a 457 visa holder collects me for work every morning and I give him/her money for this is it not the same...?


  • #5
    davidrobinson
    Registered Users Posts: 1 ✭davidrobinson


    thedarksh1te -

    I have the same query, I'd like to do some Uber driving to help boost my savings, however I can't find anything to suggest it would be legal, especially 1.b. & 1.c. from the following government website -
    guides . dss . gov . au ( sorry, it won't let me post actual links!!)

    "9.3.1.70 Visa Condition 8107

    (1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

    (a) cease to be employed by the employer in relation to which the visa was granted; or

    (b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

    (c) engage in work for another person or on the holder's own account while undertaking the employment in relation to which the visa was granted."

    Basically saying you can't work in an occupation that isn't your sponsored occupation, nor work for yourself. :(

    Also, given that Uber is still making its way through the courts (in Victoria) to figure out if its legal or not. I'm pretty sure once this is decided, the ATO will approach Uber and demand a list of drivers so they can tax their Uber income. Really don't want to take a risk on my 457 visa... best wait until PR.


  • #6
    thedarksh1te
    Registered Users Posts: 72 ✭✭thedarksh1te


    davidrobinson wrote: »
    thedarksh1te -

    I have the same query, I'd like to do some Uber driving to help boost my savings, however I can't find anything to suggest it would be legal, especially 1.b. & 1.c. from the following government website -
    guides . dss . gov . au ( sorry, it won't let me post actual links!!)

    "9.3.1.70 Visa Condition 8107

    (1) If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

    (a) cease to be employed by the employer in relation to which the visa was granted; or

    (b) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

    (c) engage in work for another person or on the holder's own account while undertaking the employment in relation to which the visa was granted."

    Basically saying you can't work in an occupation that isn't your sponsored occupation, nor work for yourself. :(

    Also, given that Uber is still making its way through the courts (in Victoria) to figure out if its legal or not. I'm pretty sure once this is decided, the ATO will approach Uber and demand a list of drivers so they can tax their Uber income. Really don't want to take a risk on my 457 visa... best wait until PR.

    Yea I think your right David - one more year for me! Then I have to get a new car because it'll be 11 yrs old then and Uber will only take 10yrs and younger!


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  • #7
    ArseBurger
    Registered Users Posts: 647 ✭✭✭ArseBurger


    catbear wrote: »
    It's odd that because as a partner on my wifes 457 I wasn't restricted from working any number of jobs!

    Technically you have a spousal 457. Which means you can work anywhere that will take you.


  • #8
    ArseBurger
    Registered Users Posts: 647 ✭✭✭ArseBurger


    thedarksh1te wrote: »
    Thanks Arseburger, yea I know the intricacies of the visa but I was hoping the relatively new phenomenon of ride sharing/Uber might fall between the cracks of the legal jargon of the visa. It's not as though I'd be employed by Uber they just pay me for providing a service. If a 457 visa holder collects me for work every morning and I give him/her money for this is it not the same...?

    Tell you what. Ring up the immigration department. You probably already can guess what the answer is. And it's no. If you're earning money. You need to declare it to the tax man. That's a job / work. There is no legal cash in hand work that you don't have to declare. There's just work that people don't want to declare.


  • #9
    Mellor
    Registered Users Posts: 38,998 ✭✭✭✭Mellor


    catbear wrote: »
    It's odd that because as a partner on my wifes 457 I wasn't restricted from working any number of jobs!
    But you weren't employed by the sponsor in a specific occupation and position.
    You wife was though
    thedarksh1te wrote: »
    Thanks Arseburger, yea I know the intricacies of the visa but I was hoping the relatively new phenomenon of ride sharing/Uber might fall between the cracks of the legal jargon of the visa. It's not as though I'd be employed by Uber they just pay me for providing a service. If a 457 visa holder collects me for work every morning and I give him/her money for this is it not the same...?

    Whatever about working a bit on the side for some extra cash. Uber is a bad way to do this imo. They've has basically said that Uber drivers are illegal operating an illegal service. Uber have deep pockets, and they've told drivers to keep going and they'll cover the fines.
    But a court appearance for driving an Uber could be disastrous for your 457 visa.


  • #10
    thedarksh1te
    Registered Users Posts: 72 ✭✭thedarksh1te


    Mellor wrote: »
    But you weren't employed by the sponsor in a specific occupation and position.
    You wife was though



    Whatever about working a bit on the side for some extra cash. Uber is a bad way to do this imo. They've has basically said that Uber drivers are illegal operating an illegal service. Uber have deep pockets, and they've told drivers to keep going and they'll cover the fines.
    But a court appearance for driving an Uber could be disastrous for your 457 visa.

    Yea your right Mellor best to have your house in order before trying anything like this. I'll hold off until next year so!


  • #11
    ArseBurger
    Registered Users Posts: 647 ✭✭✭ArseBurger


    After the recent budget if you were to be an Uber driver you are now required to register for GST as you would be providing 'taxi travel'. Usually a business needs to earn over $75,000 a year to require GST registration.

    https://www.ato.gov.au/business/gst/in-detail/managing-gst-in-your-business/general-guides/the-sharing-economy-and-tax/

    So, doesn't look like Uber is on the books if you're on a 457 and thinking of avoiding tax liability. I would imagine that revenue assurance officers will be randomly taking Uber journeys very soon...


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