Alan Collett
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Everything posted by Alan Collett
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2010 is the total number of Parent plus Aged Parent visas for 2011/12: http://www.comlaw.gov.au/Details/F2011L01058 Best regards.
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Yep, by the time you have paid for a MRT appeal and the appeal has been heard you could have applied for another CP visa. And in the meantime you are still unable to move to Australia (unless you are applying for an onshore visa as an Aged Parent, which is likely to have somewhat different drivers compared to an offshore visa application). Best regards.
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Again, I refer you to my above comment re the settled sponsor issue. Best regards.
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Exercise care with parents applying within 2 years of the sponsoring child commencing living in Australia. The Parents Visa Centre is now taking a stronger line on the "settled sponsor" issue. Best regards.
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Some might be interested - from Senate Estimates on Monday (emphasis added): "Even in the delivery of this year's migration program 2010-11, we are struggling to fill all of the places in the contributory parent visa category. When it comes to the second stage visa charge of around $37,000, which is quite significant for a person, people do struggle to find the money to pay that second visa application charge. So the change reflects the respective demand in the two visa categories. The other factor is client services, obviously. With the allocation of only 1,000 places in the non-contributory parent category, parents in the queue will likely be waiting for around 30 years before they could be granted a visa, which practically makes the whole problem questionable. Why would we even have such a program if people need to wait for 30 years before the visa can be granted? The very small increase of 1,000 to 2,000 will reduce that waiting period from 30 years to 15 years. It is still significant. It reflects the cost to the budget and the community, but it is a small increase, and it was delivered from within another parent category where we are actually struggling to fill the program places." (Hansard, page 33 here: http://www.aph.gov.au/hansard/senate/commttee/s39.pdf) Best regards.
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Re the "settled" question and applying before the sponsor has resided in Australia for 2 years: I would exercise care, as the Parents Visa Centre appears to have been taking a harder line on this issue of late, even though cases at the Migration Review Tribunal undermine the adoption of a tougher stance. Those who wish to apply within that 2 year timeline should be prepared to fight DIAC through the MRT if needs be - which seems to be a travesty, but DIAC seems more concerned with a rigid policy than looking at each case on its merits. Best regards.
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Hello Phoebe. I usually type the issue I want to know more about, and then Show Posts rather than Show Thread. Best regards.
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With respect, that is a completely unwarranted comment. Why don't you use the search function? Regards.
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No more freebie tax advice for now ... :wink:
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Hello Dave. Assuming this is not a former main residence being sold, and you are in Australia on a 143 visa (not a 173 - the 173 is a temporary visa, with different tax consequences for overseas capital gains): * No CGT in the UK assuming sold in a UK tax year when never resident or ordinarily resident, assuming you don't resume residency (or ordinary residence) within 5 complete tax years of departure. * CGT arises in Australia, with reference to the value of the property at the date of the commencement of tax residency and the exchange rate at the same date. Sale proceeds (after allowable costs of sale) to be converted into A$'s using the exchange rate at the date of sale. Disposal date for CGT purposes is the date of the contract (assuming unconditional), not completion. No CGT discount available as you have not owned the property for more than 12 months since you became a tax resident. Hope this helps. Feel able to contact me if you want any formal assistance with tax.
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Other Family visas: Cutbacks and Delays
Alan Collett replied to George Lombard's topic in Family / Partner Visas
It would be a new visa application, with a new Visa Application Charge payable. Best regards. -
You must be onshore (in Australia) to apply for a Contributory Aged Parent visa. Best regards.
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Hello Sue. The acknowledgement letter with a file reference often takes 2 to 3 weeks to be issued by the Parents Visa Centre. TRNs are not issued for parent visa applications. Best regards.
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The 173 visa is a temporary residency visa under the Migration Act 1958. Remember also that UK citizens who are not UK resident remain entitled to a UK personal allowance - although the State Pension may well eat into it. See also HM Revenue booklet HMRC6 for details of how different types of UK source income are taxable in the hands of non-UK residents. Best regards.
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As you surmise, a big risk with the onshore 804 strategy is the processing time and the consequences of the visa applicant/s suffering a major illness or condition while the visa application is being processed. Consider the consequences of such an illness or condition arising, and the parent/s having to depart Australia. Nevertheless, I know many choose to roll the dice, and to deal with any such medical issues as and when they arise. Best regards.
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That's why tax accountants are in business ... :-)) Best regards.
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http://www.pomsinoz.com/forum/985469-post1365.html Just a quick refresher to an earlier post ... Best regards.
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Foreign exchange (forex): foreign currency denominated bank accounts Plus a Private Ruling to be going on with: Private Ruling Number 66456 Best regards.
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I have been in exchange with an Australian resident individual who recently obtained a private binding ruling from the ATO which advised that the proceeds of sale of his former main residence are covered by the "private or domestic nature" exemption in the forex rules. Please remember that a private ruling is specific to the taxpayer who sought the ruling, but is nevertheless indicative of ATO thinking on the subject matter. Best regards.
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You should be posting your query on the Money and Pensions forum ... you might get a better response there. Best regards.
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Two comments: 1. There is no 6 month limit. Yes, there may be a tax consequence of a transfer of pension benefits after that date, but there is no deadline beyond that. 2. Companies that assist in this area generally work on a fee for service basis. I'm not sure why they shouldn't be appropriately remunerated, given that this is not an area for the faint hearted ... Best regards.
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I suggest you disregard any future assistance from the person who gave you that advice "unofficially." Best regards.
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I don't think that is correct - so long as the work test can be satisfied it is possible to transfer UK pension benefits into an Australian superannuation fund, and derive the resulting tax benefits. Note that a transfer of UK pension benefits into Aussie super cannot take place once a pension is in the payment or annuity phase. Best regards.
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Hello Felicity. The P85 isn't an application to cease paying UK tax. It is a form that advises HM Revenue that the taxpayer is departing (or has departed) the UK - which isn't the same thing. Note also that your father is an Australian tax resident - and is eligible for a Tax File Number - but (in broad terms) only Australian source income is properly taxable in Australia, as he holds a temporary residency visa. Best regards.
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Have you looked at the checklist for subclass 143 visa applications on the immi website? Best regards.
