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I am a French Citizen with the Australian Permanent Residency. I am currently in Australia but I am moving back to France in a month for family reasons. My company is proposing me to keep working for them from France as a contractor and for an undetermined period. Basically, I will have the same duties but with a Freelancer statut. I may have to travel 1 or 2 times to Australian for meetings (not sure yet).

I wondered if I have to declare myself leaving permanently at the border or if I need to declare that I am temporarily leaving the country? Does that decision would impact my right to still working for my company? I wondered also if, as a permanent resident working from overseas, I will have to pay my taxes in Australia. I am pretty sure that I will already have to pay taxes in France.

And last question, How does it work for my company? Do they have the right to employ me as an overseas contractor after having been employed more than 3 years with them?

It is a very specific case I know, but if someone have a response I would be more than happy to read it. Thanks

  • 3
    I'm voting to close this question as off-topic because it is a question about immigration, not freelancing. – Scott Jan 29 '17 at 16:41
  • Question is perhaps more suited to the law exchange but I can understand why the OP raised it here. – fiprojects Jan 29 '17 at 19:32
  • Your question can't be answered here. You need a lawyer. I voted to close it. – SmallChess Jan 30 '17 at 0:34
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Note: I have never been to Australia.

When you leave Australia, you will be non-resident - your permanent residency card allows you to return, but your next home country will be your next place of residency. Your permanent residency card just means you can return at some point in the future and stay/work and probably vote in some elections.

Taxes will be owed to your new country of residence. Thus, if your new home is in France, and you provide services to an Australian entity, you will need to send an invoice from France to the Australian Company. All taxes will be due to your new country of residency (France?)

You can have business meetings to Australia and I suspect your permanent residency card omits your visa requirements - however if you did not have residency, a simple visa would be required akin to tourist visa since you would likely not stay beyond 90days. Visas would likely differ if your work is manual/physical (ie engineer or doctor) or mental (brain power).

In terms of leaving the country and declaring it is your own choice. I have never been to Australia, but I have left the UK I was asked to declare why I was leaving and what I might earn in my new country. I just scribbled across the form "going back packing in Australia" believe it or not. Why? The info requested was for British statistical purposes. Not my benefit. How you leave is your choice.

However... check the conditions of your permanent residency - some countries have a limit on how long you can be outside the country before the permit becomes invalid.

  • Thanks a lot for you response! I will have to double check with the Australian Immigration Department about the conditions of my PR. I do not have any permanent residency card, I have only received an email from them with a document attached saying that my visa application was granted. On that doc there is an expiry date (2020) which gives me the right to leave Australia for few years before coming back if I want to keep my residency. However, I would like to be sure that document is enough to come back. In regards to taxes, that makes sense, cause I will send invoices from France. – Fabien Jan 30 '17 at 21:14
  • From my understanding, one of the conditions of having a PR Visa is that you must be in the country for a certain amount of time per year. You might loose your PR Visa if you only intend to come back for the odd meeting. – Paul Jan 31 '17 at 3:08
  • Fabien - if all good, can you tick the box to confirm right answer to help others? Otherwise I will get a message telling me to edit/remove messages that receive no approvals in a couple of months time. Thanks (and best of luck) – fiprojects Jan 31 '17 at 21:04
  • Yes it's all good for me. Thanks again for the precious help – Fabien Feb 1 '17 at 19:22
  • You are new here... to the left of my answer there are up down arrows. An Up arrow promotes the value in the answer. Underneath you should see a tick/check mark - if you tick this, it implies the answer is right. Others who read the answer in future can reference it. This is what I was asking you to do =) freelancing.stackexchange.com/help/accepted-answer – fiprojects Feb 1 '17 at 22:03

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