Questions re: my granted Spouse Visa

[Mark&Karen]

About 11 months ago, I was granted a permanent residency visa (Type of visa: sponsorship by partner/spouse subclass 100) I'm due to enter Australia next week for a 3 week holiday, so that I can activate the visa before my medical and police reports expire, it will then last for another 4yrs 2mnths. Currently with the exchange rate at an all time low, I'd like to wait until it is more favourable before committing to moving over for good.

Questions that I have are as follows:-

 

1. Will my initial entry date be seen as the date that I migrated to Australia, as this would have tax implications on moving over pensions etc?
2. Can I apply for a multiple entry and exit visa, if I'm still residing in the UK?
   
3. Am I able to apply for citizenship, even though I'm still residing in the UK?
   

 

[Guest wanderer]

M & K,

 

 

1. Will my initial entry date be seen as the date that I migrated to Australia, as this would have tax implications on moving over pensions etc?
2. Can I apply for a multiple entry and exit visa, if I'm still residing in the UK?
   
3. Am I able to apply for citizenship, even though I'm still residing in the UK?
   

 

1. Your migration date will be when you come to take up residence.

2. Your PR gives you multiple entry/exit fpr 5 years from issue and after that you'll need to apply for a Right to Return Visa.

I've seen reference of there being possible issues if a PR holder has not been in Australia for well past initial PR expiry, ie. not showing a connection with Australia and you ought to read up on that - http://www.immi.gov.au/allforms/pdf/1085.pdf http://www.immi.gov.au/allforms/booklets/968i.pdf

3. You'll need four years of residence within a 5 year period in Australia to get Citizenship, Australian Citizenship – Applying for citizenship

[Mark&Karen]

Hi Wanderer,

 

Thanks for your reply, re question 1 you say "Your migration date will be when you come to take up residence", I'm still not clear on this point. I'm due to enter Australia on 10th Dec as we're over seeing family friends for Xmas and I also need to enter Australia by no later then the 11th Dec so as to activate my PR visa. We'll be leaving approx 3 weeks later to head back home to the UK. The fact that I entered Austrlia for a short holiday, does this constitute to me having migrated on that date 10th Dec ?

 

Regards

 

Mark

[Guest wanderer]

Mark,

I'm due to enter Australia on 10th Dec as we're over seeing family friends for Xmas and I also need to enter Australia by no later then the 11th Dec so as to activate my PR visa. We'll be leaving approx 3 weeks later to head back home to the UK. The fact that I entered Austrlia for a short holiday, does this constitute to me having migrated on that date 10th Dec ?

 

I'd be more concerned about something happening with flights, snow storm in UK for instance and not making Australia by the 11th - cutting it fine there.

But as for being here for three weeks or three months and your initial query re taxation/pensions, viz.

 

1. Will my initial entry date be seen as the date that I migrated to Australia, as this would have tax implications on moving over pensions etc?
   

 

The Australian government will only have two key interests in you

a. being here on time to validate the visa

b. taxation/pension issues will only arise when you're seen to be taking up permanent residence and there'll be various things by which that could be measured, including shipping of household goods, transferring of funds/pension entitlements etc.

www.ato.gov.au has information re qualifying as resident here for taxation purposes and the interest there is more about whether you have earnt money here.

 

It'll also be your UK taxation laws that'll determine any tax liability you still have over there and I'd expect the UK government will have laws there in respect to determining when you're no longer considered to be a resident there and what the implications are re any taxation on funds still there.

 

One thing you can still do here and should and which will still not give a determination of residency, is to sign up with medicare in case anything happens to you, though you'll possibly have travel insurance anyway and so it is not so essential but if you wanted to cut down on costs, risking the flight out - if a plane goes down, in all likelihood you'll not be claiming in insurance! .

But if taking TI, make sure it does also cover ambulance use because those costs can be high and if not going for TI, you may want to ask about Ambulance Fund short term membership on arrival.