# Working for an Indian employer on UC457 dependent VISA



## skj_84 (Sep 20, 2012)

Hi,
I have a UC457 dependent Visa (sponsored by my wife's company) and I am going to accompany my wife on whom I will be dependent for around an year. 

If my Indian employer allows me to work remotely (i.e. living in Australia), is it legal for me to work from Australia for my Indian employer? Is there any legal obligations? Kindly, suggest...


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## borntobeaussie (Nov 30, 2011)

Its legal for u to work, whether remotely or otherwise as spouse visa for 457 has unlimited work rights. My spouse is working for an indian company on a dependent 457


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## skj_84 (Sep 20, 2012)

borntobeaussie said:


> Its legal for u to work, whether remotely or otherwise as spouse visa for 457 has unlimited work rights. My spouse is working for an indian company on a dependent 457


Good to hear that borntobeaussie. Can you pls. tel me more about it (sorry to have overloaded u with bunch of more queries ):

- Does your spouse need to pay any tax to aussie govt. although he is working for Indian employer sitting remotely in Australia OR he is just paying tax to india govt as usual...

- How long has he been doing/or have plan to do the remote work... My manager said, it's possible that once u r more than 7 months away from India... then u r NRI and so the company may face some legal obligation while giving u salary in India... do u have any info on the validity of this statement?

- Do you (by any chance) also know if there could be any problem from Indian govt. side if an employee is working remotely for around an yr..... problem w.r.t employee and employer both...

Thanks,
Sujeet


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## Guest (Sep 20, 2012)

If you are resident in Australia you must file and pay taxes due on any income regardless of where your employer is based.


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## mpp (Jul 12, 2010)

skj_84 said:


> Good to hear that borntobeaussie. Can you pls. tel me more about it (sorry to have overloaded u with bunch of more queries ):
> 
> - Does your spouse need to pay any tax to aussie govt. although he is working for Indian employer sitting remotely in Australia OR he is just paying tax to india govt as usual...
> 
> ...



If you are a resident of Australia for tax purpose (that is either on 457 visa or PR) you need to pay tax on your worldwide income. That income could be any , in this case your income working for a foreign employer.


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## borntobeaussie (Nov 30, 2011)

Actually my spouse has been transferred under australian payroll so its a diff case for us. But as MPP mentioned, if u are a tax resident for Autralia, you will need to pay tax on ur worldwide income in Australia. Also whatevere ur company mentioned abt 7 months which will make u an NRI is also true. The official time for you to become an NRI after being away from India is 6 months. Remember than in case u have been in India for more than 180 days, u will be a tax resident for indian purpose as well. I have seen some of my friends taking their spouses on a L2 visa(US L1 spouse) and they have been working there for years. But again it will depend upon how flexible ur company is on this. 




mpp said:


> If you are a resident of Australia for tax purpose (that is either on 457 visa or PR) you need to pay tax on your worldwide income. That income could be any , in this case your income working for a foreign employer.


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## skj_84 (Sep 20, 2012)

Thanks borntobeaussie & _shel & mpp


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