Bungo

Hi there,

 

I was just looking for some advice, I think I have a complex issue, I have moved to Australia last month, I married an Australian Citizen and am here on a provisional Partner Visa, which should turn into a Partner (Permanent) Visa in June 2017.

 

Although I have moved to Australia I have managed to keep my UK job as I can do my work remotely via the Internet, As it stands I am still getting paid into my UK bank account and I am a PAYE employee with the TAX and National Insurance being deducted automatically by the UK tax authorities, I've only been paid once since being here but when I did I just transferred my wages (after Tax, NI & Pension were deducted in the UK) to my Australian bank account which I set up with the Commonwealth Bank.

 

My job now want to re negotiate my contract and have offered to pay me into my Australian Bank account, they want me to negotiate my wage with them, My contract will also end with them and they want me to continue working for them as a contractor, this will mean the company I work for will no longer have to pay National Insurance or Pension contributions, I'm assuming they do end up paying me direct into my Australian Bank this then by-passes HMRC altogether and I would have to be registered as self employed here and be responsible for declaring that income coming into my Australian account to the Australian Tax authorities. My question is am I considered a resident on the Visa I have, I checked my VISA status and it says length of my visa is indefinite.

 

I want to know if I'm going to be taxed as a foreign resident or a normal resident, This makes it hard for me to negotiate my wage with my company if I don't know what rate of tax I will have to pay here.

 

What ever figure I negotiate on I will have to take Tax out of here in Aus but there is other things like "super" my UK company will no longer be paying me a pension and I will be a contractor, there for I'm guessing they do not have to pay any super for me and I wouldn't even know how that would work, Do i Negotiate slightly more saying I don't have a pension anymore and I'm going to have to pay into a Super fund out of what ever salary is agreed apon too?

 

I used the simple tax calculator on the ATO website to get a rough Idea how much tax ill be paying but for the first year I would of only been here 6 months of the tax year and for the first 2 months of that my income was being taxed in the UK, so is the tax rate higher? and I still don't know if ill have to pay the higher foreign rate of tax?

 

Any advice would be greatly appreciated, I have applied for a TFN number but that will take 28days to arrive and what do I do after it does, plus my company want to negotiate with me in the next couple of days, basically I need to come up with a figure that takes all these things into consideration and put it to them and see if they accept it, they will already be saving money as they will no longer be paying NI or pension contributions, I just don't know what to do yet.

 

Many Many thanks

 

Regards

 

Rickie

Do not confuse visa status with tax status, they are not the same thing. You are tax resident in Australia.

Your company are correct to want to renegotiate the terms of your contract, they are incurring employer NI that they do not need to pay as you are not a UK based employee any longer. Ideally you and they would have looked into his before you moved as you also have incurred NI that you didn't need to pay and probably will not manage to get back.

That at is because all of your employment income is taxable in Australia, from the day you arrived. That you have paid UK tax on it is irrelevant to ATO as they have first dibs on the tax from your employment. You should look to get tax back from HMRC. I would suggest the easiest way to do that would be through adjusting the employment income reported on your tax return to HMRC at the end of the year. When you prepare your Australian tax return you need to included these first two months of income gross and pay Australian tax.

In terms of negotiating, well yes it would be sensible to factor in pension and the loss of any other benefits you had previously. I would also research the job market and provide evidence of salaries for similar jobs. My main advice is not to put any emphasis on the current exchange rate because it does not reflect respective purchasing power, that is £1 in UK will go further than $1.69 in Australia. On average you would need at least $2 for every £ you think your would need to make up for current salary and lost benefits.

I would focus on those types of things and not get too hung up on tax rates. Although Australia has different bands and personal allowances, on the whole, most people end up with a very similar effective rate of tax whether in Australia or UK. Certainly it doesn't differ so much as to be something you need the spend a lot of time on.

ETA: Sorry just realised you are probably negotiating a rate based in £? In which case my comments on $ are irrelevant, although personally, I would prefer to negotiate in $ so that I know exactly what I am getting.

Hi all,

 

This is my first post on here so please bare with me.im also a little worried that I will get ridiculed as it's a weight question, but here it goes!

 

Me and my OH have just had our EOI(expression of interest) accepted for PR in oz and will be invited for our medicals. This is where I'm getting concerned as I have been diagnosed with an under active thyroid and am still undergoing tests to get the right dosage. Not only this but I am classed BMI as obese (potentially due to thyroid problem and loving naughty food!)

 

I don't suffer from anything else relating to obesity such as heart problems or diabetes etc.

 

Does anyone know if this will stop me getting accepted or any advise on what to do or take with me to the medical would be much appreciated?!

 

Thanks in advance!

 

Kayleigh

Australia does not turn people down for a visa because they are overweight. Your medical may get referred, this just means a medically qualified person will look at it as opposed to it getting a rubber stamp immediately. Many medicals are referred, so don't worry about it. I also often suggest people with medical issues consult an agent, but to be honest this is barely an issue.

Surely you needed to supply full birth certificates for your visa.

Yep. Long birth certificates were definitely a requirement for the visa application when we applied in 2009. I had the long certificate mine (born 1970) but we had to apply for OHs. Takes about a week to come through, if that.

It also seems like she's got up to three years to do it, because it looks like you can apply right the way up to being 30, without even leaving. This gives me a bit of leeway to spend a bit of time in Oz and suss it all out first.

 

So in an ideal world, if I'm following correctly, we'd spend a year (or up to two) in the UK, then head back to Oz registering the relationship as a defacto before we left. I'd then be able to get the bridging visa whilst thats being processed and be able to work immediately?

 

IF this is correct, this has so many advantages, and is a much tidier way than me fudging my way through Australia on a tourist visa...I now just need to convince her to do it! Gulp!

Erm perhaps I am missing something, but you don't actually mention making the offshore partner visa application above, so aren't you therefore still looking to fudge your way through on a tourist visa with this plan?

It is not possible to "register a relationship" in Australia when you are both in the UK. As has been mentioned your chosen state is the one that does not recognise registered relationships anyway. And finally even if you did register a relationship, it isn't a visa. So you would still be looking to fudge (your word) your way into Australia on a tourist visa?

If she is willing to apply for that UK visa and live in the UK for a couple of years, then the way to do things properly would be to move to UK, apply for the Australian partner visa offshore after a year of living together in the UK and then move to Auatralia year or so later when it is granted.

update

im being made redundant on 23 December so been looking for a new sponsor. Plan to lodge Partner visa in next couple of weeks and hopefully find a new sponsor very soon. Im thinking is it worth waiting till after christmas to lodge seeing as the xmas break will prob slow things down anyway? will it look iffy if I lodge after im made redundant? my relationship is 100% genuine and we have all the paperwork ready to lodge! Stressful times....

If you qualify for the partner visa now, I can think of no good reason why you would delay applying. I would not be worrying remotely about whether it looks iffy or not. In fact I cannot think of any reason why it would look iffy for someone with an Australian partner to apply for a partner visa.

Hello - I felt I had to reply to this one as you are stressing out , I normally just read and them but move on.

 

I was in same situation in 2014 at around this time also having the same worries as you, I was in my 90 day period and struggling to find a job and sponsor. I was ringing immigration everyday trying to get an answer on the situation. Anyway I applied for my partner visa in the 90 day period eventually getting through to immigration with a bit of knowledge they put my worries to bed because I had applied for the partner visa and my 457 was current I still had 1 year left on it, the Government let you remain on the 457 visa.

 

You still need to find a sponsor to work but it takes away the 90 day count down. I still have the email immigration sent to me just incase anything pops up even though my visa was granted October 2015. Hope this puts your mind at rest a little.

I would advise caution as this is not the way things usually go. As explained earlier, it should be expected that when the job ends the 457 cancellation period will start to tick down and when it does the BVE comes into play. Note that the 90 days is now 60 days too.

If you're married, there should be no need to provide evidence of living together for 12 months when you've only been married for 7. A lot of couples don't live together before they're married.

The CO is entitled to ask married couples for evidence of the relationship as much as a defacto couple, if they deem it necessary.

It's why it is so funny when someone says how cheap their car insurance is and totally forget about the CTP on top.

I generally maintain the stance of swings and roundabouts. But there are a couple of exceptions, one is housing. Housing was so much more expensive to live in a commutable distance of Sydney versus London. Partly due to the vastly superior rail network to London.

The one single other expense that I found extraordinary compared to UK was motor insurance. We paid multiples more in Australia and my OH and I have 40 years insurance work experience between us and had staff discounts, but it was still jaw droppingly expensive. We both have flawless driving records in both countries, but paid three times the price in Australia for a very similar car (the UK on being more flash if anything).

I am just saying. I do love Australia with all my heart and this is not an Ozhater post. I am not making up insurance costs because I don't like Australia. :-)

Yep I've resided to that fact. I could get sponsored on a 187 as childcare group leader in regional area but obviously a lot depends on that - no guarantee. But for the opportunity to at least spend 3.5 years in Oz I might just take the plunge

I think you are deluding yourself. Childcare. It is like animal care. People are fighting over each other to get into these areas. They are hugely popular and hugely competitive. You do not have a cat in hells chance. No employer needs to sponsor for a permanent visa to get somebody into a childcare role as there are Australians tripping over each other for these roles. Wake up. You are 200 years too late to walk into a childcare role.

There is not that much relevance to the wedding date in your particular situation. The whole point of recognising a "defacto" relationship is that it is supposed to replicate a marriage in all but for a particular legal ceremony having taken place.

So after 2.5 years of living together there is only one reason I would delay making the application and that is because after three years he would go straight to a permanent visa and not have to do the temporary stage. However in your particular situation, he doesn't have the luxury of waiting until the three year point as the WHV would expire before then.

So in that case, no, there is no benefit whatsoever in waiting until the marriage before lodging the partner visa. And no it isnt "sensible". If lodging earlier enables him to get the 6 month restriction lifted then indeed that is the sensibke thing to do.

Thats what it sounded like and why I asked the question! I would try a proper Migration Agent first and what options you have before you let this lot talk you into a course that has no guarantees!

Indeed.

OP - childcare centre manager definitely requires a degree, not a diploma. You are not going to get a permanent visa for Australia by taking a diploma course.

Yes, Nemesis. It's wide in range. So, just wanted to hear from real-experiences.

You don't need to read ab it real experiences. You appear to want to know a few basic facts, which are readily available if you read about this visa on the immigration website.

Hi Bungo.

 

Thanks for your response.

 

My contact at Flight Centre advised that unless I was living a covert life in Australia trying to work, I shouldn't have any problems with a second year on my visa. If thats true or not remains to be seen I guess, but I'm starting to run out of ideas.

 

I was advised the tourist visa route because as far as I'm aware, I'm running out of options, and its the only way I can legally stay for the year required to show evidence of the defacto application.

 

I can't register the relationship, because from what I've read, WA won't recognise or allow it.

 

I am always keen to learn and would enjoy studying, especially if it helps strengthen my case. I am 40, I work in IT Sales, I meet the criteria for the East side, but not WA, which is were I'm trying to get to.

I would say that the person in FlightCentre has not really got much of a clue about the finer points on Australian visas.

Using a tourist visa to live in Australia whilst you build up your defacto time together actually isn't a legitimate option either, but it might be something that you manage to make work for you. But it is important that you know that immigration would not approve of your plan and you run a risk of being stopped, questioned and possibly denied entry every time you exit and try to renter the country. The more you do that and the longer you stay, the more this risk increases. But there is no way to give you any guarantees either way, it is down to chance and luck.

Hello Guys,

 

Is there anyone who has applied / received PR through ENS 196 - Direct Entry Stream?

Yes of course there is. What is your actual question?

There is nobody on the planet that is in the know. If they were they would be billionaires anyway.

So all speculation. My personal speculation is that it will hang around where it is now until at least Article 50 is triggered. I believe it will return to 1:2 one day as I believe this is its natural level, but could be a while yet and some of the Brexit uncertainty needs to be worked through first.

Thought that would stir the nest!

 

It seems the Oz hater also pays below the UK average and paid above the Australian average. Who would have guessed...

 

As a result, the average man’s premium now stands at £781, while for women it is £683.

https://www.confused.com/on-the-road/cost-of-motoring/what-the-price-index-means-for-you

 

 

 

The national average cost of comprehensive car insurance in RateCity's comparison is $735.60, with Sydney remaining the most expensive city in Australia to insure your car with an average cost of $1142.55.

http://finance.nine.com.au/2016/10/07/11/45/watch-your-premiums-new-study-finds-car-insurance-hikes

 

Was that comment addressed to me? Because I am most surprised to find myself described as an Ozhater if so. You will not find any posts on here where I have mentioned anything other than being very happy and content with my life as it was in Australia. It is a thread about the cost of car insurance. Mine costs a few hundred in UK and about $1,500 with CTP in Australia (which looks to be about in line with the average for Sydney that you quoted by the way). Simple facts. My thoughts on Australia don't come into it.

M

Yes I worked in a few sales roles when I was there but unfortunately none offered sponsorship.

 

There is bound to be more options available for someone in my shoes surely ??

Well I am only commenting on what you have said. You said you'd dint have a degree and have had roles in sales, admin and now that you could not secure a sponsorship when you were in Australia recently. Why do you think there are surely options? I would maintain your options look very slim at the moment.

The good news is that you are young and time is on your side. Whilst there may not be options now, if you focus on building a career for yourself, options may open up later.

Thank you so much! What a shame there is nothing like it. I'm seeing Australia is more under developed than England and I will miss the convenience and beautiful country side.

It isn't a shame and Australia is not under developed! There are of course huge swathes of Australia not populated, but the populated areas are as developed as anywhere in the UK.

Sydney CBD is very small as cities go and that is the only bit of Sydney that will feel like a city. Outside the CBD is just sprawls and sprawls, suburbs roll into one. Many of them are green and quiet, others have a bustling beach cafe culture. If you go further afield you can certainly save on housing costs, but I think you need to be a good 1.5-2 hours outside the CBD before you will see a notable drop in prices.

I am perplexed by the comment that you will miss the convenience and beautiful countryside tbh. Correct Aistralia is not the same as UK, but isn't travel and living overseas about new experiences.

Thanks for that snifter, AJ if I apply for the visa when it is born its not likely to be declined is it?

The only criteria a new baby would need to meet is passing the medical.

Are you pushing this a bit if you want to have a baby in the UK before your trip in August? I am not sure I understand how you are calculating those timings?

Thanks guys, most helpful.

 

My current Aussie tourist visa expires in Feb next year. I've been told getting a second year won't be a problem.

 

My understanding of this visa is that I can stay for a year as long as I leave once every three months. I was going to apply for a second year just before I leave the UK again, so I get a full year. Its a big ask to just move in immediately, and force myself on my intended partner whilst we're still in this defining what we are period, but I assume this is the only way before I can go the de facto route.

 

Studying, to strengthen my case and increase my points score is a great idea. Is there a list of recommended subjects anywhere? Or does all study, as long as its in Australia, count towards your score?

 

Thanks. Your help is all greatly appreciated.

Who told you getting a second year tourist visa won't be a problem? I dont see how anybody could know this, getting a second year long tourist visa could very much be a problem. Even if you get it, you could still have a problem at immigration control and you should not assume otherwise.

I am not sure why you would get a one year tourist visa anyway, that locks you out of working for the whole year. If you got a three month visa, registered the relationship (thus bypassing the 12 months Defacto), then applied for partner visa, the bridging visa with working rights kicks in after three months.

I would not be so enthusiastic about studying myself. I am presuming you are quite young and would not have trouble passing the points test anyway. What occupation are you in - have you checked you meet the requirements?

I agree with you particularly as insurance is cheaper here anyway.

 

$500 to insure my car for anyone to drive. Cheap as chips.

I found car insurance incredibly expensive in Australia. Couldn't get my fully comp for less than $1,000 and then had to get the TP on top of that as well. Few hundred quid here in UK - similar car, well slightly more expensive car here as newer.

Because my parent purchased a property, and my name is under it. They concern the property will be part of her.

For avoiding any further financial conflict, they reckon to revoke this relationship certificate legally is the best way.

So are you saying that at one time you registered the relationship, for example when you were applying for the visa?

I am am sure it is worth revoking it in that case, but reading, I can see nothing to suggest that the defacto partners have ownership rights to each other's assets. It seems to be more about proving the relationship for visa, tax and benefit reasons.

Hi

 

i am looking for a case study of someone who has gone to Oz from the UK to study a diploma in childhood education and care with the purpose of being sponsored or gaining PR by doing the job ready program to be a childcare center manager?

 

This is is our plan and the agent basically said the job ready program is unlikely as no one will employ me without experience as a manager therefore I can't do the skill assessment so my next option which he was optimistic about but I have my doubts is to be sponsored after my 2 years of study?

 

id love to hear from someone who has experienced this.

I would be pretty confident that nobody has done this.

Childcare centre manager requires a degree and management experience. Taking a diploma in Australia is not going to cut it I am afraid.

I do not see how you are going to get sponsorship as a Childcare Centre Manager after doing a diploma, normally people would work their way up to manager, not commence as a manager. Childcare worker is not eligible for sponsorship.

I cannot see any way how this would work. I would suggest that you put Australia on hold for now, pursue your career and qualifications in the UK and then come back to migration when you are ready.

Thanks for your reply. Sorry for the unclear.

Revoke means apply 'revoke De Facto Relationship certificate'. Since we applied this certificate one year ago to apply PR.

Never heard of this concept. Very strange. Why do you think you need to do it?

Hey guys,

I just stumbled across the forum and it seems fantastic.

 

Im Henry, 25 from Belfast, N.Ireland.

I was in Australia last year on WHV and fell in love with the place.

 

My plan now is to get back there under a tourist visa and try find sponsorship through an employer then eventually get PR!

Has anyone here done this and can give any advice ? Im open to go to anywhere in Australia but I am most familar with Melbourne

 

My work experience is mainly all sales and admin. I dont have a degree unfortunately.

 

Any help or advice would be great !!

Hope to hear from you guys soon

 

Thank you

 

Henry

Your chances of securing a visa do not look particularly promising based on what you have said so far.

It is not possible to get sponsorship for an admin role. There are some sales roles are on the skilled occupation lists but you would need a few planets to line up to progress this through to a permanent visa. When you were in Australia on the WHV did you have any luck finding sales roles? That might have been the time to sort out a sponsorship, after getting your foot in the door.

It might be that you need to look at this as a medium to long term plan, skill up first and then look into migration options in the future.

Hi all, here is my situation.

I got 189 Independent skilled PR granted this year July (as the primary applicant). My ex girl friend got 189 PR granted at the same time (as the secondary applicant). We were under De Facto Relationship.

This year October, our relationship was kind of breakup (Due to financial issues, property purchase, etc). So we applied to revoke our De Facto to Birth, Death and Marriage Department. Our revoke application will be approved by next year January (2017 Jan) because of the 3 months cooling period.

I just have few queries:

1. Does this revoke De Facto will affect both my and my ex girl friend's PR?

2. Do we both need to inform DIBP this revoke?

3. If we change our address, do we need to inform DIBP regarding this?

4. Do Birth, Death and Marriage Department will inform DIBP?

I appreciate any assistance here I am a bit worried as our relationship break up only after 4 months after granting PR.

I am not sure what you are trying to do or what you mean by revoke. There is no need to inform any authority when a relationship breaks down, happens all the time. There are no visa consequences to this beak up.