Hi there. You are correct in saying that you, as the primary 457 visa holder, are subject to certain restrictions on the kind of work you do while in Australia. As a primary 457 visa holder, you cannot engage in work on your own account (i.e. run your own business) or undertake secondary employment unless it is undertaken for your current sponsor, is consistent with the position you were originally approved to fill, and is incidental to your principal employment. If the franchise business you want to establish is not compliant with these restrictions, you will not be able to run the franchise business without breaching your visa conditions.

The rules are different for secondary 457 visa holders. A secondary 457 visa holder is a dependent (usually a family member) of the primary visa holder. Because the secondary visa holder is not working to fill a specific skills shortage, there are fewer restrictions on the secondary visa holder's right to work in Australia. For example, under a 457 visa, the secondary visa holder can engage in skilled or unskilled work with any employer. This would mean that, without further information about your situation and any additional or specific visa restrictions you may be subject to, your wife may be able to establish the franchise business in her name.

Note that the rules relating to temporary skilled visas (such as 457 visas) were changed in mid-2017. An immigration lawyer will be able to tell you exactly what rules apply to your situation.

Suggested way forward

Your wife may be able to establish the franchise business without breaching her visa conditions. You should speak to an immigration lawyer who can properly assess your situation and advise you on the best course of action. 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.