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jakc

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Everything posted by jakc

  1. Like many on this forum - dual citizen of both the UK and Australia. I was wondering if this brings any benefits for spreading your wealth between nations to legally get the most out of tax incentives? Happy to hear any ideas/discussion. I have very little money left in my UK account. I earn a salary in Australia. I have savings in Australia and also a split of ETFs bought on the ASX. i wonder if its worth investing into an ETF via a UK broker or moving some AUD back into an ISA that would generate less than the £14k tax threshold? I know the savings rates are better here so leaning more towards an ETF. As i understand it id be saving on paying tax in Australia and UK in doing this, whilst still declaring it as foreign income with ATO?
  2. jakc

    Dual Citizen benefits?

    Something I need to do more reading up on - how about dual pensions? Super + National Insurance? I am currently focusing on building up my Super to catch up with those that have been working in Australia their whole life. I think I might be too late to start contributing to National Insurance again - time to start doing some googling...
  3. jakc

    Dual Citizen benefits?

    Fair enough/thanks for clearing up. So diverting from that specific question. Any benefits financially to being a dual citizen? Dual pensions? Access to investments from UK exchanges? Etc.
  4. jakc

    Dual Citizen benefits?

    Thanks for detailed reply. I'm just heading out the door so will respond again later. Came on a 457 ten years back and a citizen now. The bit about Inland Revenue classifying me into same bracket as non resident makes sense. An internet stranger on another forum made mention of how they have ETFs in the UK and due to the "Australian - UK taxation treaty they are not eligible for tax in Australia."
  5. jakc

    1 year into 2nd 457

    My good friend (American citizen) has lived in Australia for around 7 years now. Initially a student visa; had a 457 visa for just under 2 years; ~1 year into her 2nd 457 visa with a new employer (same profession - Environmental Scientists (nec)) Trying to get our head around the recent changes to 457 and what her best option is. I cant spot her profession on the removed list and Its on the MLTSSL/STSOL list However, trying to work out what her situation is come March 2018. She won't have been on her 457 long enough (2 years is in late April 2018) to apply for a 186 Any ideas or those in a similar situation who might have done more homework than myself?
  6. jakc

    1 year into 2nd 457

    Thanks Raul. Had some bad luck with migration agents twice in the past, so will only revert to that if things get more tricky. Anyone else in a similar boat who has worked out what the pathway will be for transitioning to an 856 after March 2018? I saw mentioned in another post: The red bit was new to me. I assumed her 457 would just be cancelled on March 18th, as opposed to when it expires which is another ~3yrs. The blue bit I need some more info on. Want to know if the 186 will still apply and she can go through the Temporary Residence Transition stream, or if there will be another process in place.
  7. jakc

    Linking a new nomination to a pre-existing 457 application

    I am the partner of waterhyacinth666, and have some additional background information. Timeline: Employer nominated a position for her under a 457. She applied for a 457 Original nomination got refused. (Employer lodged an appeal with MRT) Email recieved last Friday by 457 Processing Team at IMMI: Luckily, (being that most of my company are on leave) she managed to get someone from HR to open the office today and lodge a new nomination (more chance of not getting refused, as meets the requirements that original nomination did not). So, she now has a new TRN. - Have uploaded this to her visa application via ImmiAccount - Have responded to email from 457 Processing team with the attachment - Tried ringing DIAC, and they said to inform vic.sponsor.monitoring@immi.gov.au, but potentially might not get a reply till after new year. We emailed them the attachment. Really want to avoid some sort of automated visa refusal from happening on Xmas Day, just because the new nomination has not been successfully linked up to her visa application. Was hoping that ImmiAccount would have a 'type of document' category for new nomination or similar. Can anyone provide any further guidance or suggestions on what to do to minimise risk?
  8. jakc

    457 Appeal issue

    Yes, im on a Bridging A visa This has been in effect since my original 485 expired (Skilled graduate) and my 457 application was lodged. Just read on the IMMI Site: Looking through my Bridging Visa document, I see no reference to 8503, but will need to do some more digging. Am considering an immigration lawyer, some prior quotes and actual misinformation have put me off a bit, as I do not have a lot of money. Just heard back from HR and might be able to get one of them to open up the office tomorrow morning...
  9. jakc

    457 Appeal issue

    My employer lodged a nomination which recently got refused. My employer has lodged an appeal for this with MRT. As the applicant, my current 457 is pending, but have just been informed: Was not expecting this. Was under the assumption that the nomination appeal would cascade down to my 457 visa application and I would be able to stay until this appeal had run its course. The following options that I have been given : With it being the Xmas break, my HR department are on leave, so 1) is unlikely. 2) is fairly straightforward. 3) I am not entirely sure what this entails or what to respond with? Not the best pre-xmas news, would really appreciate any tips or help.
  10. jakc

    457 Appeal issue

    The prior 457 was refused based on the employer nomination. This was due to an issue with the contract not meeting the required annual salary and the fact the contract was draft (complex, was a work contract for an entire workforce and not finalised) If I were to somehow find the right people next week (unlikely, HR are not around), then a new nomination could be lodged with the finalised contract which also has a higher salary attached to it.
  11. jakc

    457 Appeal issue

    Thanks everyone for the advice. After some thinking this weekend, assuming my employer cannot submit a new nomination early next week, I am going to withdraw my application. From here, I am then going to apply for a subclass 600 tourist visa - I believe this can be done onshore and I do not need to leave to apply (looking into this) on my current bridging visa. This then gives me time to start selling my stuff, saying bye to friends and perhaps get some travel in before leaving. I am 5mths into a relationship with a resident, so might start looking at that as an option for the future.
  12. jakc

    457 Appeal issue

    Are not all applicants able to appeal to the MRT after a refusal? If I am refused and cannot appeal, would this jeopardise future visa applications that I may take out?
  13. jakc

    457 for 14mths of work?

    I have an employer that has 14 months of work that they need me for. This is tied to a 14 month contract of full time work (likely renewed later on). They are a large company and have given out 457s to others, but usually for standard full time positions within the company. I am trying to work out the best visa for the employer to nominate me for? For a 457, do they need to guarantee 4 years or work, or would this be the right visa for 14 months of work?
  14. jakc

    457 for 14mths of work?

    Yea, its an existing work contract for a whole enterprise, as opposed to an individual contract. Its not typical, but theres 14 months remaining on it. Really appreciate all the prompt responses!
  15. jakc

    457 for 14mths of work?

    Perfect! This is the info I was after Thanks loads!
  16. Thats really useful info Raul. I think this might make sense, as another lawyer (not a migration lawyer) was mentioning something similar. Do you think these are wise next steps: - Confirm with current employer that they can find me a new role (in my nominated occupation) that has a more clear cut contract that meets all the requirements of a 457 (previously failed on salary, this can be adjusted). - Contact the IMMI agent who refused the current 457 nomination and ask if we can: 1. Lodge a new 457 application, (associating it with prior one) whilst on the BVA, whilst onshore. 2. Let them know that new nomination is a new role at same company in a similar position, but with a different contract 3. Explain that once new 457 nomination has been recieved, we would like the prior refused nomination to be closed off or made dormant and we will await processing of the new nomination. Leaving the country is not the end of the world, but would prefer to make this as seamless as possible and continue working with current employer without the expenditure of leaving for an unknown amount of time.
  17. Background Arrived in Aus 2010 on a Student Visa. After Uni, obtained a 485 Skilled Graduate. Currently working for an employer in my skilled nomination. Applied for a 457. Unfortunstely, nomination for sponsorship was recently refused due to salary issues (long story, but legal advice has said not worth appealing) Currently under a Bridging A (class WA) as I still have till the 1st December to appeal against my 457 decision. I intend on withdrawing my 457 application before the 1st of December. I believe that upon doing this, I will then be given 28 days on withdrawing, for my Bridging Visa to remain valid. Option 1 - New 457 Application I am currently working with my employer to potentially find another role with a simpler contract that meets the needs of a 457. I would then need to apply for a new 457 application Q1. Whilst on my current bridging visa, can I apply for a new 457 onshore? Option 2 - Lodge a Tourist Visa (600) The above might fall through with my employer and therefore I want to find work elsewhere in Australia. I would then like to apply for a 6mth Tourist Visa so that I can continue to find work. Q2. Whilst on my current bridging visa, can I apply for a 600 Tourist Visa onshore? Can anyone perhaps offer some answers to my above two questions. If anyone has any other ideas or useful advice, would really appreciate it. I would like to avoid getting myself into any high risk categorys with IMMI by having anything refused, so want to do everything right.
  18. I am actually the partner of the applicant (just posting on her behalf, as I had a lot of help from PIO in the past for my residency application). However, we do not meet the requirements of a defacto relationship, so we do not qualify unfortunately.
  19. Thanks Maggie, I agree. For future applications, I wonder if we would need to tick YES to the question about prior visa refusals, as how I understand it, the employer nomination was refused on this 457 and the applicant was not refused. Essentially, the employer's HR department did not seek out legal assistance, along with the contract of employment being fairly complex, and resulted in a refusal that would be unlikely to appeal against. This is another area I am having trouble understanding. Surely a new nomination would mean a new application needing to be lodged? An appeal can not provide a brand new job contract for a different position, right? Currently in negotiations with employer to find a different role with a simpler contract at the company and lodge a new application.
  20. Hi Raul I am not the applicant (jakc), but a partner of the applicant (waterhyacinth666), and I recommended to her to use PIO, due to how much help I have had here in the past with my application. From my experience, it was best to try to put some background into the post and then separate out questions as opposed to putting them all into one post, as easier for people to answer discrete questions as opposed to trying to find answers to a huge list of questions. We tried raising questions under one account, but logging in from two laptops gave us problems, so I logged in as myself to ask some mor ediscrete questions around her situation. So whilst they may look similar, I believe that each post does have differing questions about the applicants current situation. This post, we just want some advice/experience on the impact a refusal might have, and if it can be avoided by withdrawing application. As it stands, the employer nomination has been refused, but the application is still open. We can appeal, but unlikely to win appeal. We have already had a bit of conflicting advice from some lawyers, so wanted to see if we could get some more clarity/info from PIO. As the refusal was to the employer nomination, we hear that this means the applicant themself has not been refused, but in order to maximise time in Australia, we would like to delay requesting for an appeal to nearer the end of the 21 day grace period. This will give us more time for negotiations with current employer. So, if a nomination has been refused, but the application has not, does this put the applicant into some sort of risk category for any future applications?
  21. Hey Raul - thanks for your response on other question. I am not the applicant (jakc), but a partner of the applicant (waterhyacinth666), and I recommended to her to use PIO, due to how much help I have had here in the past with my application. From my experience, it was best to try to put some background into the post and then separate out questions as opposed to putting them all into one post, as easier for people to answer discrete questions as opposed to trying to find answers to a huge list of questions. We tried raising questions under one account, but logging in from two laptops gave us problems, so I logged in as myself. So whilst they may look like similar, I believe that each post does have differing questions about the applicants current situation. This post we are trying to focus on understanding if we should withdraw application at the end of the appeal grace period, to maximise time in Australia to seek further negotiations with current employer or another employer. It seems like a very short timeframe already.
  22. I didnt realise that. So I would have to apply from offshore for both? Any ideas on best way to do this to minimise my time offshore?
  23. My employer applied for a 457. The nomination for sponsorship was refused on 10th November, with option to appeal within 21 days I believe this means my current Bridging Visa A will be set to expire Have been advised not to appeal, but working on some other options. I am assuming that at the end of this 21 day grace period (1st December), I will be notified that I have 31 days left till my Bridging Visa expires. Q1 - Do you concur with this? If I were to withdraw my application before the end of the appeal grace period, I believe this entitles me to say that I have not had a visa refused on future applications, as its not the application they refused, but the nomination from the employer. Q2 - Do you concur with this? So, ideally, to maximise my time in Australia, I should wait till a couple of days before 1st December and then withdraw my application. I should then receive notification that my bridging visa will expire in 31 days. This will buy me valuable negotiation time with my employer/other employers. Q3 - Do you also concur with this approach? Looking for some advice from anyone out there, would really appreciate any tips or knowledge in this area. :wub:
  24. Timeline: I am coming up to the end of my 457 visa (been here nearly 4yrs, working for just the one employer) My employer lodged a 856 ENS back in January Received nomination approval letter from IMMI on 28th May Started gathering documents and police clearance. Police Checks from Australia turned up on the 2nd July. As 856 no longer existed, was told by IMMI on the phone that I would have to apply for 186 with nomination letter under the Temporary Transistion Stream. Lodged via eVisa and application submitted for 186 on 5th July, all documents required uploaded by the 10th July. Wait... Got Email today = You have stated in your application that you would like to apply under the Temporary Residence Transition Stream. However, as your employer lodged their nomination prior to 1 July 2012 you are only entitled to apply under the Direct Entry Stream. [*]Phoned up IMMI = Yes, this is correct. As your employer nominated beforehand, you have to now apply under direct entry stream. I can either cancel application and not get any refunds and re-apply, or appeal to try and get it converted to an application as a direct entry. source Pretty pissed off, but not much I can do about this. The delays I can understand from IMMIs end, but the misinformation given by IMMI over the phone have led me down a path which I am not sure if I can carry on down. i.e. I might have to get my employer to submit another application (assuming they still want to). I now have to try and work out if I fit the bill for direct entry stream and start gathering more documents. Anyone else been in similar situation? What would you recommend? Ive been told to just communicate with the case officer via email, but expect a 4 week wait on responses.
  25. I am doing a skills assessment with Vetassess. I only need to get these from one prior employer. a) I dont have these anymore, and my prior employer can only provide screenshots of my records from their software. I dont think this will suffice for Vetassess. b + c ) I also dont have these. My question is, how would I go about getting a copy of these from HMRC? I cant see any request forms from their website.
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