ShelleyB Posted September 12, 2014 Share Posted September 12, 2014 Hi There Advice needed! I am defacto on my partners 457 visa which expires next July. We want to go for residency and wanted to go down the Employer nominated scheme. Unfortunately though, my partner works for a very small company and his boss is rather slack with office work and hasn’t been meeting all the conditions of the 457 ! ( they are a small laboring company). His boss has paid my partner a lot of cash in hand since on the 457 so on paper hasn’t been being paid what is stipulated on his visa requirements, they also haven’t been doing training as required. So not only might it not be possible through his employer anyway we are also not sure we want to be relying on him for our residency as post residency my partner doesn’t want to necessarily commit to staying with the company another 2 years as he would like to work for someone who is a lot more organised and reliable!! So we were thinking of going for the 189 Skilled Migrant Visa independently and doing everything ourselves. We have major concerns though about his pay over the last few years? Will it be held against us when applying for a skilled migrant visa that my partner didn’t earn what he should have done? Or will it just go against his company? Also, if he managed to transfer his sponsorship before residency would this make any difference when applying for a permanent visa? I wasn’t sure if immigration would look at it better if he has been with the same company the whole 4/5 years we have been in Australia? Lastly – if / when we do go for a skilled migrant visa, does anyone have any tips to gain extra points? I have checked and we should have more than enough! But any tips would be great just in case! Unfortunately I do not have any formal qualifications so I can’t add for that – are there any other ways a partner can add points value? ! Thank you in advance for any tips or advice Link to comment Share on other sites More sharing options...
Pumpkin Posted September 12, 2014 Share Posted September 12, 2014 Did your partner not earn it? From what you have said, he did earn it it was just paid in cash, didn't he declare it on his tax return and thus be able to prove he earned it that way? If not, well then yes your partner could be in trouble, from the tax office, it is illegal not to pay tax on earnings. How this can come back to bite is if you need to prove work experience for your visa application or skills assessment. Work experience is only counted if it is suitably remunerated. I have seen a fair few tradies and self employed come unstuck in the visa process because they have previously been economical with the truth at tax return time. No there is no way you can add points to the total if you are not in a skilled occupation. Link to comment Share on other sites More sharing options...
ShelleyB Posted September 12, 2014 Author Share Posted September 12, 2014 It was a mixture of both. The first summer he was sponsored was when there was loads of rain and flooding so they couldn't work for long periods. His boss had to get another job to support his family and then the company suffered and they struggled for a few years to get back on track and get regular jobs again. So originally it was lack of work. It's only the last year that has been cash in hand as they had a huge job paid in cash. We do have it all on record for tax returns (waiting on medicare exemption cert so taxes for last year not yet submitted). My partner obviously couldn't and didn't work.for anyone else when the company was struggling but he also earned about $15k less than he should have done. So is this going to be a big issue still do you think? Thanks for Ur comments... Good or bad all appreciated!! Link to comment Share on other sites More sharing options...
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