TheGreatDane Posted December 12, 2013 Share Posted December 12, 2013 Anyone know if you can delay your temporary 309 visa converting to a permanent 100 visa? Link to comment Share on other sites More sharing options...
Grecia Posted December 12, 2013 Share Posted December 12, 2013 Don't send the docs to the DIBP...??? Link to comment Share on other sites More sharing options...
TheGreatDane Posted December 12, 2013 Author Share Posted December 12, 2013 Is that allowed? Do you need to send in the docs by a certain time? Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 13, 2013 Share Posted December 13, 2013 Why on earth would you want to postpone a 309 turning into a 100? If your reasoning has anything to do with a trip out of the country, you don't need to be in the country when the 100 is reassessed or granted. Link to comment Share on other sites More sharing options...
Rupert Posted December 13, 2013 Share Posted December 13, 2013 Anyone know if you can delay your temporary 309 visa converting to a permanent 100 visa? Not something I have ever seen anyone want to do before. Link to comment Share on other sites More sharing options...
TheGreatDane Posted December 13, 2013 Author Share Posted December 13, 2013 I want to avoid my overseas assets becoming subject to Australian tax for as long as possible Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 13, 2013 Share Posted December 13, 2013 When you apply for the 309 you are applying for permanent residency at the same time. If you do not provide the documents they request when they reassess you for permanent residency by whatever deadline they give you, it's my understanding they will then decide your relationship must not still be genuine and ongoing and then cancel your 309, at which time you'll have 28 days to leave the country. Seems like paying tax would be preferable... Link to comment Share on other sites More sharing options...
TheGreatDane Posted December 13, 2013 Author Share Posted December 13, 2013 I'm going to look into getting on a temporary work visa instead then although the 309 is classified as temporary on immi.gov.au and also by Australia House. What a farce you are being taxed on assets that have nothing to do with Australia Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 13, 2013 Share Posted December 13, 2013 The 309 is not actually a temporary visa. It is a provisional visa. It seems ridiculous to want to throw away a visa that will allow you to stay in Australia permanently for one that won't. You never know when requirements will change and you will no longer be able to get permanent residency/citizenship when you want it. Link to comment Share on other sites More sharing options...
Rupert Posted December 13, 2013 Share Posted December 13, 2013 I want to avoid my overseas assets becoming subject to Australian tax for as long as possible Your visa status and tax status are not linked. If you are living in Australia then you are resident for tax purposes and your overseas income is assessable to Australian tax. There are some provisions / exceptions for certain temporary visa holders, such as the 457 visa holders, but as far as I know these exemptions are not available for temporary partner visa holders as clearly your intention is to stay. Therefore I believe your overseas income is assessable anyway. Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 14, 2013 Share Posted December 14, 2013 Your visa status and tax status are not linked. If you are living in Australia then you are resident for tax purposes and your overseas income is assessable to Australian tax. There are some provisions / exceptions for certain temporary visa holders, such as the 457 visa holders, but as far as I know these exemptions are not available for temporary partner visa holders as clearly your intention is to stay. Therefore I believe your overseas income is assessable anyway. I wondered about that but haven't had to deal with the tax aspect myself yet and didn't know. Sounds like OP may have bigger issues. Link to comment Share on other sites More sharing options...
Rupert Posted December 14, 2013 Share Posted December 14, 2013 I wondered about that but haven't had to deal with the tax aspect myself yet and didn't know. Sounds like OP may have bigger issues. Yes, it sounds like they have not been declaring income that should have been declared. Although they also keep talking about "tax on assets", there is no such thing, just tax on income. Link to comment Share on other sites More sharing options...
TheGreatDane Posted December 14, 2013 Author Share Posted December 14, 2013 The 309 is a temporary visa. My case officer confirmed so herself and said while they couldn't give tax advice I am considered a temporary visa holder until a decision has been made on the 100 permanent visa, and my stay is in effect temporary. Thats great for me which means I will be a non UK resident paying no UK income or capital gains tax and also only paying tax on any Oz onshore income Tax advisors I've spoken to seem to agree and I am getting this confirmed by a big five accountancy firm. Sounds like a bit of a grey area and other people have interpreted it to their advantage. In any case CGT in Oz has a 50% discount on 50% of the gains so almost mirroring EU countries. Could always create losses to offset the gains. Link to comment Share on other sites More sharing options...
boganbear Posted December 14, 2013 Share Posted December 14, 2013 College girl is right. 309 visas are not temporary visas. They are provisional which is different to temporary and permanent visas. Essentially they are permanent visas with a condition to you are still in a relationship after 2 years. You do not apply for a permanent visa, you just have to prove the relationship. This is why you can claim many benefits temp visa holders cannot. As such you are classed as resident in Australia in the same way as perm visa holders and citizens. Link to comment Share on other sites More sharing options...
Rupert Posted December 14, 2013 Share Posted December 14, 2013 The 309 is a temporary visa. My case officer confirmed so herself and said while they couldn't give tax advice I am considered a temporary visa holder until a decision has been made on the 100 permanent visa, and my stay is in effect temporary. Thats great for me which means I will be a non UK resident paying no UK income or capital gains tax and also only paying tax on any Oz onshore income Tax advisors I've spoken to seem to agree and I am getting this confirmed by a big five accountancy firm. Sounds like a bit of a grey area and other people have interpreted it to their advantage. In any case CGT in Oz has a 50% discount on 50% of the gains so almost mirroring EU countries. Could always create losses to offset the gains. It does not matter what your visa is, whether it is temporary or provisional or permanent. You are tax resident and therefore you are liable for tax on your worldwide income. A 457 visa holder is tax resident as well, but there is a concession for 457 visa holders in that they are not liable for tax on their worldwide income, but this concession does not apply to a person on the provisional partner visa. You are subject to tax and I don't care who has told you otherwise, they must not be very good accountants. And it is not a grey area. Anyone who makes losses just to get a tax credit, is daft. It is like turning down a payrise on the grounds of you would pay more tax. Did your accountant advise this as well? Link to comment Share on other sites More sharing options...
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