Marisawright

7 minutes ago, Adam 005 said:

Thank you to all who posted for the  insight and advice. 

I’m still unsure of what is the right thing to do and not being a decisive person I over think things far to much. 
One thing I am sure of though is some sacrifice has to be made If we want to move forward. 

Yes, that's the difficult thing.  You and your wife can't both have what you want, so one of you will have to make a sacrifice.

The good thing is that your children don't have to make a sacrifice whichever you decide, because they'll be absolutely fine regardless of which decision you make. So it really comes down to the two of you.  good luck!

I would suggest you book a paid consultation with a good migration agent, to get advice on what to do about the 18 year old (try Suncoast Migration or Go Matilda).  It's possible he could be included on your fiance's visa if he applies before the child turns 18.   Although the child doesn't want to migrate now, he might change his mind in future, and once he's 18 it may be too late. Once he's an adult, being the son or daughter of a permanent resident doesn't count for anything, and his only option will be to do all the years of study and work experience to possibly get a skilled visa in his own right, if he's lucky. 

If you include the child in the application, all he has to do is go on holiday to Australia with his father so they can activate their visas together, then he'll have a few years to decide what he wants to do -- and even if he decides not to make the permanent move during that time, the fact that he's already held a PR visa means that he'll be able to revive it in the future. 

As for your other questions:

• Yes, if you can get citizenship by descent for your children, they won't need visas.  I suggest you get that organised now.
   
• Yes, the 309/100 visa is the right one.
   
• No, you don't have to be in Australia to apply for it.  Currently it's only taking 3-6 months for the visa to be granted, if you apply from the UK.
   
• Once the visa is granted, he will have a year to activate the visa.  That means he must arrive in Australia and go through Immigration, but it can just be for a holiday.  
   
• Once the visa is activated, he must move permanently to Australia before the "must not arrive after" date on his visa.  That date is 5 years from the date of grant (NOT 5 years from the date of activation). 

So let's say you apply now, and the visa is granted in April, he (and his son) will have until March 2025 to make his activation visit.  Then they will have to make the permanent move before April 2029.

38 minutes ago, Caroline01 said:

I’m 57, 58 in April. Daughter is in Brisbane due to get her PR soon and I’d like to join her once she has settled down, so in next 3-4 years. 
I’ll still be a way off retirement age.

In that case, I would get your 143 application in now.   

There is no visa that will allow you to move in 3-4 years and continue working.  You'd need to go the tourist visa/864 route, and the bridging visa wouldn't have work rights. So if you want to go on working till you're 67, you'll have to stay in the UK.  And if you apply for the 143 now, it should come through just as you're ready to retire.   

Don't forget that while you're waiting, you can travel to Australia every year on tourist visas for holidays. 

I wouldn't wait in hopes that parent visas will get easier.  If anything, they'll get worse. One reason the government is on such a go-slow with parent applications is simply that they don't really want parents to migrate -- they cost the taxpayer too much in Medicare, pensions and aged care.   The Contributory Parent Visa fees sound high, but they don't go anywhere near covering those costs.  There are migrant groups putting pressure on the government to increase the quotas, but although we think of Australia as a migrant country, the number of migrants who want to bring their parents is not a very significant part of the voting population -- and it's all about the votes with government, as we know!  

45 minutes ago, Caroline01 said:

I’m hoping to move to Australia in next couple of years to be with daughter. I’ve looked at various scenarios including applying for 143 visa offshore then prior to travel 870 visa x 2 (5 years). Hopefully by then 143 will be granted. Or 173 then 143, however both seem to have same ridiculous processing time. Now looking at 651 evisitor, leave at 3 months, come back and apply onshore for 143, then apply for bridging visa until 143 is granted. My question is, is last scenario doable. Chat gpt says yes but I’m not sure. 

Never trust ChatGPT.  If it doesn't know the answer, it makes things up.

If you apply for a 143 onshore, you don't get a bridging visa, which means you'll need to go home when your tourist visa expires. 

What you want is the onshore version of the 143, which is the 864.  If you come on a tourist visa, then apply onshore for the 864, you will get a bridging visa and can remain in Australia until the visa is granted.  There are downsides to living in Australia on a bridging visa, including not being able to work, not being able to leave the country (even for a holiday) without special permission, and having to pay hefty fees if you want to buy a home. So be sure you're informed about all that before you decide.

5 hours ago, Jennyrose Shields said:

Hi would love to hear if anyone has retired back to the UK and got a job over 60 yrs . 

We tried retiring to the UK in 2015 (we changed our minds, but that's another story).  

I don't think you'll have any difficulty getting a job in the UK over 60.      Age discrimination in Australia is widespread -- I 'retired' from my usual profession in Australia when I was 55, not because I wanted to, but because I couldn't find anyone willing to employ me!   I have to say, I assumed that was a worldwide phenomenon, not just an Aussie one, so I was very surprised when I got offered a job without any difficulty in the UK.

12 minutes ago, Ken said:

If you are a non-resident with Australian income then you are required to lodge a tax return. There is an exemption for interest and royalties on which the 10% withholding tax has been withheld.

So, the OP does not have to lodge a tax return if his only income is bank interest and the bank has withheld the 10% tax, right?

The OP did say he is selling off the contents of his old home, but he is not running that as a business, he's just disposing of his belongings.  Surely that wouldn't require him to lodge a tax return?

3 hours ago, Perthpops said:

Hi, we are waiting for a 491 and we lodged in October of last year I think. We have just paid to lodge in 3 other places to give us more of a chance too. When did you apply? 

What do you mean, 3 other places?  You should not be applying to other states, if you want WA to take you seriously. 

28 minutes ago, Blue Manna said:

could they go back to live in Australia for a holiday long enough to declare residency (6 months?) when they are around 65-67 to get a full Australian aged pension? 

No.  You must be resident in Australia for 2 years, either before or after you claim the pension.  

So for instance, you could return to Australia 2 years before you're eligible for the pension, then stay until you claim it, then leave the next day -- and you'll get to keep the pension forever.

OR you could wait until you're of eligible age, arrive in Australia and claim it, but then you'll have to stay in the country for 2 full years. If you leave before the 2 years are up, you lose the pension.

Or anything in between.  But the 2 years is non-negotiable. 

17 hours ago, MartinMwg said:

Thank you everyone for taking the time out to respond, it is very much appreciated.

It does seem a bit of a minefield.

How is it a minefield?    You can safely ignore the whole debate between InnerVoice and Blue Manna, because they're discussing UK private pensions, nothing to do with Australian superannuation.

Since you are so far off retirement, there's absolutely nothing you can do right now (other than cancelling any extra contributions you're currently making to super).   

Once you get to the UK, write to the super fund, tell them you're living overseas, and instruct them to cancel all insurances.  They're probably not valid if you're not in Australia, anyway. Then forget all about it until you are ready to retire. 

There's no point trying to work out tax minimisation strategies now because you can't do anything about it right now, and who know what the tax regime will be like by the time you do retire?

7 minutes ago, Fazor said:

Thank you for your time in replying. 

I have just updated my bank with My tfn, as they started to apply the fullrate of withholding tax on my bank account.

 

Why on earth did you do that?  The correct thing to do was notify them of your overseas address and let them deduct the 10% withholding tax. 

If you give your TFN and have your Australian address on your account, you are pretending to resident in Australia when you're not, which is tax fraud.

If you tell the bank your overseas address and delete your TFN, you don't need to complete a tax return every year.

If you are selling off old furniture to dispose of it and not as a business, the ATO doesn't want to know.  

We've had an agent say that applications from the UK are being processed very fast currently, so I'd go ahead and apply now. 

A spouse visa application isn't hard to do yourself, but it is very complicated and requires a ridiculous amount of proof.   The fees are too high to risk rejection for a minor mistake or missing documents, so I'd recommend engaging a migration agent to make sure every i is dotted and t crossed.  

10 hours ago, Fazor said:

The first year that I left Australia I called the ATO and advised them that I would not be returning for the next few years, I was informed that a tax return would not be required. Was I suppose to do this every year and lodge a "return not necessary form", as this was not explained on the phone contact that I had at the time.

No, you don't need to lodge a 'return not necessary form'.  You did the right thing.

Where you went wrong is, not telling your bank.  They don't consult the ATO before withholding tax from your interest, they just apply the rules. You didn't tell them you had moved overseas, so their rules say they have to withhold the maximum tax.  

You could supply them with a TFN so they don't deduct the tax every year, but then you're going to have to do a tax return every year. Far better to be honest about being a foreign resident and accept that 10% rate.

1 hour ago, Cheery Thistle said:

Must literally be the only Scottish person I’ve come across that doesn’t ‘feel’ Scottish. It’s what we’re famous for! 

Very likely.  I have never been homesick in all my travels, and if my family didn't live there, doubt I would ever have visited again after I left.

The only time I feel remotely Scottish is when people call the UK "England".

47 minutes ago, Cheery Thistle said:

Just the private school idea is more or less alien to us.

Me too.  I think Scots are pretty egalitarian and I always thought Australians were too, so I was surprised that so many Aussies opt for private schooling.  Ideologically, my ex hated the idea of working in a private school and I think that's another reason why he got out of that system eventually.  He was in a wealthy independent school (Cranbrook) and got really sick of the entitlement attitude. 

I'd suggest the Catholic system as a good option for you.  I wouldn't consider any of the independent private schools unless you are well off.  One of my friends was a school counsellor at Kambala (private school in Sydney) and she saw a lot of girls whose parents had saved up to send her to the school, or who'd got a scholarship, and then couldn't cope with the peer pressure, with the rich students flaunting their clothes, hair, fancy birthday parties etc.

3 hours ago, JSummer said:

Just looking for some advice really, and wondering if anyone has used or has a recommendation for a financial planner, or immigration specialist who can provide advice on moving to to Australia from the UK in terms of finances and asset management...

In the UK I own my home outright with no mortgage and I rent this house out for a rental income, my partner and I also have a 2nd property which we own together however on this house we have a mortgage which is relatively new so in the early stages of paying it off. 

I'm so lost with the information which is out there in terms of selling up and transferring all funds to Australia to purchase a home, or whether to keep a rental in the UK. And would like some professional advice on how best to manage the move. Just want to ensure we make the right decisions for our financial situation to give us the best start on our new life in Australia.

Managing the move is relatively simple, and I'm not sure there's any need for financial planning.  The basics to consider are:

If you sell up a property while you are still resident in the UK, and you get the money paid into your the bank while you are still residing in the UK, then as far as the Australian taxman is concerned, that is just savings, and you can transfer it to Oz without any Australian tax implications.  Use a foreign exchange service like Wise to transfer the funds, to get the best rate.

Do not close all your British bank accounts.  Firstly, it can take time to get your Australian account and credit cards fully set up, so you'll need to use your British account/cards for the first few weeks (and you'll have no problem doing so).  Secondly, you'll find a British account/card surprisingly useful in the future for buying Christmas presents for UK relatives, holidays, etc.  A word of warning:  some banks, especially Barclays, won't let you keep your British account once you move overseas.  I'd recommend moving your everyday accounts to HSBC now, because we know they won't close you down.  As a bonus, they'll let you open a fully functional Australian account before you leave, which most banks won't. 

If you have ISA's, and don't need the money now, I'd strongly recommend keeping them, because there is no equivalent to ISAs in Australia (we Aussies are envious!).  If you give up your ISA's, you won't be able to open any new ones, even though you're a British citizen. Only UK residents can open an ISA.

If you have a private pension, don't even think about transferring it to an Australian superannuation fund, until you are 150% cast-iron positive that you'll be spending the rest of your life in Australia.  I say that because once you've transferred it to an Australian fund, there is no way to transfer it back to a UK fund again.  And if you're living in the UK in retirement and need to access your Australian super, you'll lose a large chunk of it to the British taxman.  

So, the only thing you really need to think about is your properties -- and for those, I think you need tax advice, not financial planning advice.  I'd be speaking to @Alan Collett to fully understand that aspect of things.   It's important to use a tax adviser (like Alan) who knows the tax regimes in both the UK and Australia and how they inter-relate.  

12 hours ago, Fazor said:

Hi,

Just a quick question: As of 1st Oct I have been charged the top rate withholding tax on the interest in my bank account in Australia, I have a TFN but wanted to check if its best to give it to them or not? I am currently living outside of Australia. I have no home or any rental earnings there, only earning in Australia is bank account interest, I am am Australian citizen and the last tax return was 2009 as I have been out of the country since then. Can you advise what is the best course of action to take? Thanks

If you are no longer resident in Australia, then you are a foreign investor.  Tell them you no longer live in Australia and change your address to your overseas address. 

As a foreign investor, you are liable to 10% tax on your bank interest, which the bank will withhold.   If that is your only income in Australia, there is no need to complete a tax return in Australia.   In other words, it's much cheaper to be honest.

Are you asking in terms of job opportunities for you, or for your kids?  I know something about the teaching side of things.

Private schools in Australia aren't the preserve of the very rich.  A lot of middle-class parents send their kids to private schools.  There is also an extensive Catholic private school system which parallels the state system.  So there is certainly a lot of opportunity for teachers in those networks.

My ex is a Physics teacher and we got our visa on the strength of his qualifications. Though there was a desperate demand for HSC Physics teachers in Melbourne, the Education department insisted he had to spend two years in a country school. After one year teaching junior science, geography (which he failed at O level), and life skills, he was thorougly pissed off and started applying to private schools. He got a job in Sydney.  His best friend migrated to Queensland and had the same experience. He taught in a couple of schools on the Gold Coast. Both had similar feedback about the private system.

The upside of independent private schools is the lavish environment. As science teachers, my ex and his friend were like pigs in mud, with all the latest lab equipment etc  The downside of the independent schools is the extra duties.  All teachers, regardless of subject, are expected to be involved in "the life of the school", which means supervising at weekend sports activities, excursions etc. My ex effectively worked a 6 day week, because he had some duty or other almost every Saturday. Well, being a teacher, I should say he worked a 7 day week, because as you know, he had so much prep work, homework marking etc to do as well.  He got fed up of it in the end, and got a job in a private college for international students (like a 6th form college).  

I don't know what teaching is like in the Catholic private schools.  

16 minutes ago, Ausvisitor said:

I find it interesting that when asked what is Australian the five things that get mentioned (and it's always these five):

1. Kangaroos

2. Koalas

3. Crocodile Dundee

4. Opera House

5. Harbour Bridge

The only place you can see all five in one day is Sydney, yet then people say Sydney isn't really Australia and I wouldn't want to live there... Go figure!

It just goes to show how wrong foreigners can be about a country. 

It's like when foreigners are asked, "What is Scottish?, they say, "Kilts, haggis, bagpipes, the Loch Ness Monster and highland cows".    Totally unrepresentative of what Scotland is really like.   

You yourself say Sydney is not like the rest of Australia. That's why you say you wouldn't want to live anywhere else in Australia. An awful lot of Australians hold exactly the opposite opinion.   (I'm not one of them BTW -- I loved living in Sydney and would still be there if it wasn't so bloody hot and expensive).  

Besides, I don't agree that you can see all those things in Sydney.  Yes you can see kangaroos and koalas in Sydney, but ONLY in exactly the same way you'd see them in London or Edinburgh -- in a zoo. You might as well have stayed at home. 

Where is Crocodile Dundee in Sydney?  

43 minutes ago, Cheery Thistle said:

And what is it that’s so wrong with that

It's because it's completely inaccurate, as I'm sure you know.   Their age pension won't be paid out of the NI contributions they made.  50 years of contributions isn't nearly enough to pay for  20 years of pension, so their pension is coming out of the previous generations' contributions.  Remember that when pensions were first introduced, the vast majority of the population didn't make it to 70.  So the whole system was predicated on supporting pensioners for 5 or 10 years max. 

If they were angry about their income tax being wasted, so there isn't enough to pay for pensions AND nurses' and teachers' salaries AND the NHS and schools and roads and etc etc, that would be fair enough -- but that's not what they're up in arms about.  And let's face it, now it's wasted, it's wasted and tough decisions have to be made.  With x amount of funds available, what should give -- raise the retirement age because nowadays, most women are well able to work beyond 60?  Or cut school funding, or NHS funding?  

(((((((Hugs))))))))

You are very far from alone in feeling as you do.  It's the curse of the "mixed" (Aussie + Pom) marriage.  

To be frank, I feel your partner is being a tad unreasonable.  Sure, you agreed to live in Australia -- but  no one can predict how they're going to feel, living permanently in a foreign country. It's not the same as being on a holiday.  It's very common for people not to realise how attached they are to their homeland and family, until they're faced with leaving them forever.  It's the number one reason why migrants go home.  

I have to say, it worries me that he's offering you one year with your parents, then you have to stay in Australia for the rest of your life?  That's not what I'd call a fair compromise.  Do his parents need his support already?  If not, why couldn't you stay in Ireland until they do need support?    They want to be involved with their grandkids, fair enough, but you don't have kids yet.  Why couldn't you stay in Ireland until you actually start a family?   

I'm sure he'll have excuses relating to lifestyle and finances, but your mental health is more important than material things.  Surely it would be a more balanced compromise to stay with your family for a few years. It would mean you've got your mother for support during pregnancy(s) and babyhood, too.  That way both sets of grandparents get some time with the grandkids, instead of his parents getting 99%.  For him to say your parents don't need time with your children because they'll have others . . . I think I'd better bite my tongue!

If you decide to soldier on, please don't be in a rush to start a family, because Australia is very strict about the Hague Convention.  Once you have a child in Australia, it can't be removed from the country without the permission of both parents.  So let 's say you have your baby and your homesickness becomes much more intense, to the point where you absolutely have to go home.  You won't be able to take the baby out of the country without his permission.  Sadly, there are many mothers (and some fathers) trapped in Australia because their partner won't agree to let their child leave. So wait until you're really sure you want to stay, before you proceed.

All the very best with whatever you decide. 

1 hour ago, Lammie said:

I know it's completely tax free here in Aus, and if we access it while we're UK tax residents then we'll have to pay tax over there. I just wanted to clarify what happens with the ATO. As we would be classed as foreign residents for tax purposes, does this mean that we'd have to pay 32.5% Australian tax on any super withdrawals?

It doesn't matter to the ATO where you live, your super withdrawal will be tax-free.

It's the British taxman you have to worry about.  Your super withdrawals will be treated as ordinary income.  How much tax you pay will depend how much you withdraw, and whether that pushes you into a higher tax bracket.

1 hour ago, Cheery Thistle said:

Well we are splitting hairs really. Whichever way you look at it the NHS is paid for via NI contributions and income tax which are both paid by (most of) the working population. it’s not ‘free’ as everyone likes to think or make out. But really, thank you for the chart. 
 

If you'd said "we pay for it through our taxes", I'd have said nothing.    I guess I'm sensitised to the "we're entitled because we've paid our NI" idea because I have cousins in the UK, furious that they've got to wait a bit longer to get the age pension, because "I paid my contributions into NI so I'm entitled to get that money back".   

9 hours ago, Cheery Thistle said:

 those of us who work do pay for healthcare in the UK via fairly hefty NI payments.

I don't think anyone here thinks Brits are freeloaders.  It would be truer to say that when we get to Australia and realise how much we have to pay for healthcare, we realise that we took the free healthcare in the UK too much for granted.    

Anyway, you do not pay for healthcare via NI payments.  NI payments were originally introduced to cover the cost of healthcare, age pensions and welfare benefits, but I'm not sure whether they ever did.  They haven't covered the cost of the NHS for more than 50 years.    Here's a chart:

It varies. Not long ago, UK applications were taking only 3 or 4 months. At the moment, they seem to have blown out to 12 months.  It all depends how busy the department is and which visas they're prioritizing.   

As you've been married so long, it's very likely you'll go straight to the PR version rather than the temporary one, but no one can say for sure. 

If he gets the PR version, once he's granted the visa, he will have a year from date of grant to activate his visa.  That doesn't mean he has to make the move, he literally just has to land in Australia, go through Immigration, and leave again.    So if you're planning a holiday, that's enough.   Once that's done, he has up to 5 years from the date of grant (not date of activation) to make the permanent move.  

Do you mean as a lump sum, or as an income stream? 

Either way, as I understand it, there isn't a fixed percentage.   It's just treated as normal income.  So it will depend how much you've earned that year, what tax rate you will pay.

So for instance if you take a lump sum, that's just added to your income for that year which will catapult you into the highest tax bracket (45%).  That's why it's not really practical to take a lump sum!  

If you convert your super to an income stream (pension) in retirement, it will still be taxed as income -- but by that time, your income stream plus the UK pension will be your total income, so you'll be in a lower tax bracket.

Are you currently paying extra into your super?  If so, I would stop doing so immediately.  Paying into super reduces your tax now, but it's mainly worthwhile because you get the money tax-free at the end, and you're not going to get that.  So you'll be better off putting any surplus funds into investments instead, and look into starting a UK private pension.  

UK state pension is not means-tested, so your super will not affect your UK state pension.