Hi there. Every visa has conditions or restrictions that must be followed by the visa holder. Every person who holds a Temporary Work (Skilled) visa (subclass 457) is subject to two main conditions: condition 8107 and 8501. Under the first condition, the visa holder:

1. must work in their nominated occupation and only work for their sponsor;
   
2. must not work in a position or occupation that is inconsistent with their sponsored position; and
   
3. must not engage in work for another person or on the visa holder’s own account while undertaking the employment to which the visa was granted.

Based on the above information, it appears that earning money from your own business in addition to your visa-sponsored employment is not permitted under the standard 457 visa conditions. While there does not appear to be a restriction on registering a business in your own name, actually working for that business and earning an income from that business is prohibited.

If you have breached your visa conditions, you may be contacted by the Department of Immigration and Border Protection for investigation. The Department may issue you with a “Notice of Intent to Consider Cancellation”. This notice allows you to put forward reasons why your visa should not be cancelled. If you receive such a notice, you should contact an immigration lawyer immediately.

Suggested way forward

Complying with visa conditions is a serious matter. You should speak to an immigration lawyer as soon as possible who can properly assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.