LAFHA when transferring 457 visa to new employer

[Guest rachelking]

Hi all - I am hoping someone knows the answer to this question...?

 

I have been in Australia now since Jan 09 on a sponsored 457 visa which expires in Oct 2012. I am currently employed and sponsored by employer (A). I have been offered a new role with a new employer which I will call employer (B).

 

I currently receive LAFHA from employer (A) which will end if I stayed with employer (A) in Oct 2012, at which point I would either need to become a perm resident or leave Oz.

 

My question is that if I join employer (B) they will transfer my 457 and my LAFHA will expire in Oct 2012. However I want a new 457 from employer (B) which they have offered, BUT will I get LAFHA for another 4 yrs or not??

 

I have heard that I may need to go back to the UK to apply for a new 457 visa with Employer (B) in order to get LAFHA again?

 

I hope this makes sense and I hope someone knows the answer?

 

Thanks

[Pumpkin]

You will need to talk to the second employer about LAFHA. If they think you are really intending to become permanent then they might not give it, otherwise i depends on their policy. That you had it with previous employer is irrelevant.

[Eera]

As far as I'm aware LAFHA is discretionary by the employer and is not an automatic right. Another site I just googled basically states that when you start to make your own decisions about where you're going; the specific example provided is that if someone is transferred to Aus, then voluntarily changes employers (which sounds like your situation) then LAFHA will cease.

 

Don't forget a condition of LAFHA is that you intend to return to the UK at the end of your visa. If you have no intention of doing that then you're really not eligable in the first place ( don't know your circumstances, not being judgemental).

 

There have been cases in the press where the ATO has recovered the LAFHA tax offsets from people who have gained PR simply because they could not prove they had the intention of leaving the country.