Alan Collett

On 02/08/2023 at 17:21, suelear said:

Alan Collett, you have more information and insight than the rest of us. What is your take on this?

Hi again Sue.

FYI I've exchanged messages with Peter Mares with my thoughts - only time will tell as to what eventuates with parent visa processing ...

Best regards.

1 hour ago, MillieB said:

Hi, You will just be notified of the queue date. 

... assuming all required documents have been submitted to the Department.

Not having done so can push you backwards relative to other parent visa applications.

Best regards.

Sale of UK property as a non resident means you most probably have an obligation to file a special CGT return with HMRC.

Also, watch the tax position in respect of your continued working for a UK employer (presumably with salary still taxed under PAYE) when you are a tax resident of Australia.

The UK-Aus tax treaty refers, at Article 14.

If you need any help see my email address below.

Best regards.

12 minutes ago, suelear said:

Alan Collett, you have more information and insight than the rest of us. What is your take on this?

Hi Sue.

I can't respond meaningfully presently - I have a significant workflow at the moment, and must attend to my fee paying clients.

Sorry!

Best regards.

42 minutes ago, LindaH27 said:

Hi Alan

Thanks for the info  

I (like many) am not sure what is going on at present. Social  media shows some parents still waiting on December 2016 applications whereas some have reported getting grants for May 2017! One well known agent has said their company has actually received requests for further docs for June 2017 applicants 

Given that’s it’s a new financial year there’s usually a flurry of grants at this time - yet it’s very quiet. We know immi can work quickly given how many they got through since the numbers were increased late last year. I know that the govt has said they will announce changes “later this year” after the recent review.  
 

It doesn’t look or sound very promising so far, especially since  there’s been no mention of any increase in the quota. 
 

I would appreciate your thoughts on this thanks 

Hi Linda.

I recommend you don't get your information from social media - it's notoriously unreliable (at best, IMHO).

The parent visa program for the current program year remains at 8,500 - the same as for 202/23:

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

Best regards.

Subclass 864 visa grant today ... lodged Feb 2017.

Hope this gives comfort to all on this thread!

Best regards.

39 minutes ago, Marisawright said:

Well it does, because the 143 is a permanent visa, so once you get the visa, you are going to move to Australia, grow old here and eventually die here.  So you will be accessing pensions and aged care.  

So far as I know access to aged care in Australia isn't visa specific - you can access aged care as the holder of a Bridging Visa - so I question the basis of the contention of the other agent.

Best regards.

2 hours ago, DawnySkiddy said:

Hello Alan,

My husband and I applied for our 143 visas nearly 6 years ago. We met with a migration agent last week and he advised that IMMI has stopped processing all aged parent applications due to the current shortage of aged care home workers. He confirmed that this also applies to the 143 visa even although it’s not an aged parent visa.

As you can imagine we’re extremely shocked at this news and can’t find any verification of this information. 

Have you or anyone else heard anything about this?

That's an interesting perspective.

Is this an opinion by the other agent, or is the comment based on fact?

In any event we are seeing subclass 143 visas being granted - two in the last couple of weeks.

Best regards.

5 minutes ago, Majhar said:

Hi all lovely people my dad and my brother subclass 173 has granted and we are now thinking to apply subclass 143 and for AOS purposes. I have given AOS to my brother in law family 3 years ago so I know I can't provide another aos now therefore I'm thinking to provide aos from our business ( cafe ) trading under a discretionary trading trust. It's operating over 7 years. My question is can we use this business entity for AOS for my brother? Also another question I'm also a trustee of the trust does this effect my eligibility

Respectfully, these questions are far too technical for a discussion forum.

I submit that you really should be paying for professional advice.

Best regards.

12 hours ago, Sue 320 said:

At last after a 6 year 4 month wait we have been granted our 143 Parents Contributory Visa today having lodged in March 2017.  Looking forward to the start of our new life in Australia as permanent residents.  We would like to thank Alan Collett and his wonderful team at Go Matilda Visas for all his help, advice and invaluable support!  We highly recommend his services!

That's very kind - thanks Sue!

Best wishes.

Back from annual leave!

No changes have been announced re parent visas in my absence, so far as I am aware.

Best regards.

14 hours ago, Nemesis said:

I think we can all be fairly sure that as soon as there is an official move of any kind, Alan Collett will be posting it on here asap  

Assuming he is not on annual leave ...

Best regards.

1 minute ago, Sheila2010 said:

Hi, So a relative told me this week that they have spoken to two migration agents in Oz and both said Parent Visas will no longer exist in July, so if an application is not made before then, there is no chance my parent will able to live permanently in Oz. I know changes are planned but does anyone know what they are and when they will come into effect? (UK based.) Thanks.

Respectfully - and I'm making myself a hostage to fortune here - I think this is nonsense.

I think it is incumbent on anyone making such assertions to provide the evidence ... so where's the official guidance that's advising the end of parent visa applications please?

Best regards.

On 22/06/2023 at 18:15, ToowoombaBlue said:

Has anyone else had this issue?

I have a private UK pension on which I pay tax on the occasional lump sums I take at  HMRC standard rates. This is despite them being aware that I am an Australian citizen residing permanently in Australia. I completed a form declaring Australian residency back in 2015.

Now in accordance with Australian tax laws, I also declare these lump sums and my tax is adjusted accordingly here.

I’m in the process of claiming the UK tax back, but it is proper inconvenient!

How can I get them to play ball?

Remember that not all of a lump sum from a foreign (UK) pension fund is taxable in Australia - only the Applicable Fund Earnings on the lump sum/s received.

Check also that recurring lump sum payments don't cause the payments to be more accurately categorised as a pension.

Best regards.

https://www.ato.gov.au/law/view/document?DocID=AID/AID201248/00001&PiT=99991231235958

https://www.ato.gov.au/law/view/document?DocID=AID/AID201249/00001&PiT=99991231235958

Hi @InnerVoice

Here's some light reading for you!

ID 2012/48 looks at the tax situation when an annuity/pension is not commenced at the same time as the lump sum, while 2012/49 looks the position when a pension is commenced at the same time.

It can get a bit technical!

The question of how to value your UK fund at the relevant time can also be an issue, with differing outcomes depending on the approach taken.

Best regards.

Sorry - this isn't one I'm able to help with on a public forum.

Best regards.

https://www.gm-parent-visas.com/visa-processing-time-calculator/

Latest data set now added to the contributory parent visa processing time calculator ... based on data as at 20 May 2023.

There was a total of 84,559 CP visa applications awaiting a decision at that date.

At 11 Jan 2023 the total number was 80,099.

At 30 August 2022, the total number was 77,451.

The extent to which the demand for CP visas is exceeding the number being granted annually is apparent from the sizeable increase in the number of outstanding visa applications over only 9 months.

Indeed, for calendar year 2021 the total number of CP visa applications awaiting processing amounted to 13,032 in the last data set.

For calendar year 2022 the number was 15,754.

For the first 4 months of 2013 the number was 5,023.

So realistically about 15,000 CP visas should be granted each year to maintain some order and control over parent visa processing.

As most will know, we're looking at about 7,000 again for the program year starting 1 July 2023 ...

Best regards.

Got it - many thanks.

Best regards.

https://www.ato.gov.au/Forms/Guide-to-capital-gains-tax-2022/?anchor=What_is_cost_base#thirdelement

For reference ...

Best regards.

Frankly, I think using Brexit as an excuse is pretty lame.

What has Brexit to do with individuals residing in Australia ...?

Onwards!

2 minutes ago, Marisawright said:

No idea.  I was told by staff at Barclays, Santander, HSBC, Natwest and Lloyds that it was out of their hands, and that they were simply not permitted to open bank accounts for non-residents.  Legislation may be the wrong word, maybe it was "regulation", but the point is, they all said it was a rule imposed upon them.

At the time, none of them had any problem with letting you keep an existing account open if you left to live overseas. 

I follow the old adage, s/he who asserts must prove.

So where are the regulations that are driving this?

Until I see anything to the contrary I surmise this is internal policies, or compliance putting it in the too hard basket.

Why can Wise open an account for non residents with a UK sort code and account number when the High St banks are moving in the opposite direction?

Best regards.

On 03/06/2023 at 16:53, AJinOZ said:

Hi, we just sold our buy-to-let property in the UK. Unfortunately, it took us a while and whilst it was up for sale, our tenant moved out. So for several months before completion, the place was empty and but we still had to pay the mortgage, rates, insurance etc. When looking at the capital gains tax calculator for our CGT return in the UK, there doesn't seem to be an option to claim those costs. Does anyone know if we could claim any of that?

Likely they can be claimed as part of the cost base when the capital gains tax position is calculated in Australia - but not in the UK.

Feel able to ping an email to me (see below - use the bdh Tax address) if you'd like to have a chat.
Best regards.

1 hour ago, Marisawright said:

As noted above, that's not possible.  British banks are not allowed, by law, to open new accounts for non-residents.  That's been the case for at least 8 years.  Nothing to do with income or assets, it's the law.  If you still have an account with a British bank, you'll find you can't even open a second account with them.

What's the legislation to which you are referring please?

Best regards.