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Annk(Newbie)Newbie
23 Jan 2024

An employee was on a visa that gave working rights in Australia. He worked for us for over a year in Australia, his visa expired and he has returned to his country. He will be applying to return here.

Can we employ him as a full-time employee on our payroll or should he be employed as a contractor from his country?

  1. The work he does will all be completed in his country, but for entities located in Australia.
  2. Do we pay taxes and Super using his current TFN?
  3. Can his pay go into the same account he used here in Australia?
  4. Does he require working rights/visa here to do that?

5,052 views
3 replies
5,052 views
3 replies

Most helpful response

Most helpful reply

AlliATO(Community Support)Community Support
24 Jan 2024

Hi @Annk


This is a popular question in our community 😀.


Yes, is the short answer, you can employ foreign workers who are not in Australia while performing the work overseas and do not need working rights under a visa as they are not performing the work in Australia.


Have a look at an earlier post Employing Foreign Workers Overseas we have responded to along with other members, it has become quiet the thread with heaps of information provided. 

All replies

Most helpful reply

AlliATO(Community Support)Community Support
24 Jan 2024

Hi @Annk


This is a popular question in our community 😀.


Yes, is the short answer, you can employ foreign workers who are not in Australia while performing the work overseas and do not need working rights under a visa as they are not performing the work in Australia.


Have a look at an earlier post Employing Foreign Workers Overseas we have responded to along with other members, it has become quiet the thread with heaps of information provided. 

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Can we employ a Foreign Worker living overseas without having workign rights? | ATO Community