By ausjHi everyone,
I have a couple of questions regarding visas that maybe people can shed some light on. I am Australian and my boyfriend is British, we currently live in the UK and are moving to Aus this year.
I’ve read on here about registering the relationship as de-facto… does doing so waive the requirement of 12 months living together? The reason I ask is that my boyfriend and I have only been living together for 3 months so far in the UK. (We’ve been in a relationship for 16 months). During this time I have been transferring him money for half of the mortgage and bills but my name isn’t actually on them. We also both transfer an amount each month to a separate account we call the ‘Fun Fund’ which we use for shared expenses (groceries, restaurants, holidays etc) but it’s only in his name. I do have my own bank/credit card statements with our address on it.
We are planning to move to Australia this year however there will be a few months where we will not be living together. This is due to my UK visa expiring and me having to leave the country and him not being able to leave his job just yet. We will go on holiday together during this time but won’t actually be living together for about 3 months until he can move. Even though we're not apart by choice I’m guessing this doesn’t look good on an application. So what I’m wondering is, when we are living together in Australia, have a joint bank account, insurance etc. and register as de-facto, do we have grounds to apply even without 12 straight months of cohabitation? We are looking at the possibility of him entering on a working holiday visa then applying for the partnership visa shortly after. Is it correct that we could apply at any time and be put on a bridging visa enabling him to work until it’s decided?
We are also looking into the option of him transferring with the company he works for (a large well-known company with offices in Aus). Is there a separate visa to transfer in the same company or would he need to apply for a 457? His qualifications/experience is in marketing, account management, sales and E-retail management.
He is also a rugby referee here in the UK and is hoping to do the same in Aus. Could he work this second weekend job on a 457 or can he only work for the company who has sponsored him? Thank you!
By Cerberus1The Courier Mail is reporting that the Australian Tax Office (ATO) will be analyzing the records of up to twenty million migrants (past and present) to ensure they are not ripping off Australians and are paying their fare share of tax.
The financial and personal details of visa holders who have come and gone from Australia will be audited over the next three years to enforce income tax and superannuation requirements.
The massive blowtorch, which includes migration agents who help get migrants to Australia, also aims to identify potential fraudsters rorting foreign investment rules.
While the ATO has put migrants in the crosshairs previously, it has not been at this mammoth scale.
It comes as the ATO is launching a targeted and well-resourced crackdown on the black economy, which benefits some workers but duds Australia of revenue.
The latest information sweep is extensive and will include the address history visa applicants and their sponsors; all their arrivals and departures in Australia and details of their education provider if they are on a student visa.
A spokeswoman for Revenue Minister Kelly O’Dwyer said the operation could recoup cash for the taxpayer and ensure eligible migrants receives their superannuation before they left the country.
“The ATO has a responsibility to protect the public revenue and to maintain community confidence in the integrity of the tax system,’’ she said.
“The data-matching program does this by detecting, dealing with and deterring those that are not meeting their obligations.
“It also enables enforcement activity and recovery of taxation revenue – without undertaking this data matching program and subsequent compliance activity there are no assurances that a wider risk to revenue does not exist.
“The data also supports the ATO to administer aspects of Australia’s foreign investment laws and reunite seasonal workers with their superannuation entitlements under the Labour Mobility Assistance Program.”
The ATO said, “It is estimated that records of 20 million individuals will be obtained over the course of the three year period.
“These records will be electronically matched with ATO data holdings to identify noncompliance with obligations under taxation and superannuation laws.
“The objectives of this data matching program are to maintain currency of our knowledge of taxation and superannuation risks within the visa holders, visa sponsors and migration agents populations (and) test the accuracy and strengths of our existing risk detection models ... and identify areas for improvement in our models, treatment systems and practices.”
By GemsallenHi, been living in Australia for years and now dual bristish and Australian citizen. I’ve sold my UK property and wondered if anyone has done the same and how that effected their Australian tax return? Do you have to pay capacitor gains tax? How does it work?
2018 will see the implementation of Temporary Skill Shortage Visas, changes to the Occupation Lists, plans to introduce mandatory provisional visas before permanent residency and changes to Parent and Partner Visas.
The Temporary Work (Skilled) Visa (subclass 457) will be replaced with Temporary Skill Shortage (TSS) visa
From March 2018, the current 457 visa program will be abolished and replaced with the completely new Temporary Skill Shortage (TSS) visa.
The TSS visa will be comprised of a Short-Term stream allowing stays of up to two years, and a Medium-Term stream allowing stays of up to four years.
The Short-Term stream visa is renewable only once. The STSOL occupation list will apply for Short-Term Stream applicants.
The Medium-Stream visa holders may renew their visas onshore and may apply for permanent residence pathway after working for three years in Australia. The MLTSSL occupation list will apply for Medium-Stream visa applicants. This stream is relatively similar to the current 457 visa.
Tighter Regulations for both streams:
Increased Work Experience Requirements Higher English Language Levels Requirements Mandatory Labour Market Testing Set Australian Market Salary Rates Additional Character, Anti-Discrimination and Training Requirements More information: https://www.homeaffairs.gov.au/WorkinginAustralia/Documents/abolition-replacement-457.pdf
Discuss Temporary Skilled Visas on our forum
Changes to Occupation lists in 2018
A number of changes were made to the Medium and Long-term Strategic Skills List (MLTSSL) and the Short-term Skilled Occupation List (STSOL) in April 2017 and again in July 2017.
CHECK IF YOUR OCCUPATION IS IN THE MEDIUM AND LONG-TERM STRATEGIC SKILLS LIST (MLTSSL) HERE
Though the Medium and Long-Term Strategic Skill List (MLTSSL) is likely to remain the same, the STSOL which is a list of occupations nominated for temporary and short-term visas is likely to see some changes.
Some of the occupations flagged for removal from the Short-term Skilled Occupation List are Accommodation and Hospitality manager, Hair or Beauty Salon Manager, Recruitment Consultant and Building Associate..
University Tutor, Psychotherapist, Property Manager, Real Estate Agent and Real Estate Representative may be added to the list.
It is also likely that Skilled Occupations List will include Airline Pilots in 2018 to address the shortage of pilots in Australia. Following lobbying from the peak body for regional airlines, it has been reported that the Skilled Occupations List will be revised to allow foreign pilots to come to the country on a two-year work visa.
Discuss Skilled Visas on our forum
Plans to introduce mandatory provisional visas before permanent residency in Australia and reducing the number of visas from 99 to 10
The Government undertook public consultation to transform Australia’s visa system in 2017.
The Australian government discussed plans to introduce mandatory provisional visas where migrants may need to spend a certain period of time before they are granted permanent residency and also to reduce the number of visas from 99 to 10 to simplify the process.
The Department received 255 submissions and approximately 184 representatives of industry, academia, community and government participated in roundtables across the country, with an additional 60 industry representatives participating in immigration reform workshops.
In December 2017, the department in a consultation summary said while approximately 55% opposed a provisional period, among those who supported the principle of provisional residence, a provisional period of a minimum of two years was most popular.
88% of the submissions supported visa simplification with suggestions that importance be given to transparency around decision making, reduced processing times and a system that was easier to understand and navigate.
The department though has not set a timeline for its implementation and says, ‘This is a long-term programme of improvement to the way we deliver our services. There is no immediate impact for visa applicants or holders. The first step will be broad consultation with the market on the design and build of a new visa processing platform.’
We are likely to hear more about these plans in 2018.
Discuss Visas, Residency & Citizenship on our forum
Temporary sponsored parent visa
In the 2017-18 federal budget, a new temporary sponsored parent visa was announced - to be available from November 2017. However, the new visa which will allow migrants’ parents to stay in the country for extended periods has been delayed.
The Bill enabling the new visa to come into effect has not yet been approved by the Senate.
Here are the six must know facts about the new long stay visa for parents:
3-year-visa will cost $5000, a 5-year-visa will cost $10,000 and a 10-year-visa will cost $20,000, with the opportunity of a single renewal for another five years at the same price. 15,000 people each year will be granted this long stay parent visa. Children/Sponsors will be required to pay for their parents' private health insurance. The children will also need to act as financial guarantor on any extra healthcare costs their parents rack up in Australia. Those on the new visa will not be allowed to work, however, the government hopes they will take on family roles which would see “reduced pressure on childcare facilities.” Those sponsoring their parents for the new visa need to be Australian citizens or permanent residents, or “eligible New Zealand citizens”. The visa-holders would not be allowed to reapply beyond the 10 years and would have no pathway to permanent residency. Discuss Parent Visas on our forum
Proposed changes to Partner Visa were expected in 2017 but it has been deferred to 2018.
This is because the Migration Amendment (Family Violence and Other Measures) Bill 2016(Cth) (“the Bill”) is still before the Senate and has not been enacted.
If the Bill is enacted, it will establish a sponsorship framework for partner visas, placing more focus on the assessment of sponsors.
The sponsorship assessment would be separated from the visa application process Sponsors would need to be approved before visa applications are made Legal obligations would be imposed on approved sponsors If sponsors fail to meet their obligations, sanctions may be imposed In certain circumstances sponsors can be barred from sponsorship The new regulations propose partner visa sponsorship applications would need to be lodged under stricter criteria and approved before the overseas partner visa application could be lodged.
The new two-step process is expected to delay the lodgement of the overseas partner application and require the overseas partner to have a valid visa until a visa application for the overseas partner can be lodged.
Discuss Partner Visas on our forum