Jump to content
urbancoyote

Residency status

Recommended Posts

Hi 

I’m planning on emigrating to Australia. I am just looking at a couple of scenarios. If I was to come on shore to a lodge a visa application at the back end of 2019, but then left soon after to go back to the uk, before returning in 2020 on a bridging visa, given I only own property in uk and will have no job in Australia in 2019 would I be a tax resident from when I first lodge the visa or from when I return in 2020?

Many thanks

 

 

mack

 

Share this post


Link to post
Share on other sites
2 hours ago, urbancoyote said:

m planning on emigrating to Australia. I am just looking at a couple of scenarios. If I was to come on shore to a lodge a visa application at the back end of 2019, but then left soon after to go back to the uk, before returning in 2020 on a bridging visa, given I only own property in uk and will have no job in Australia in 2019 would I be a tax resident from when I first lodge the visa or from when I return in 2020?

If you come on shore to lodge a visa application, you will then have to stay in Australia.  If you want to leave Australia once your bridging visa is granted, you have to apply for special permission (a BVB) and you can only stay overseas for three months at a time.

If you want to apply for  a visa but stay in the UK, then you will need to apply for  the visa while you are in the UK.  You then don't get a bridging visa, you just wait for the full visa to be granted.


Scot by birth, emigrated 1985 | Aussie husband granted UK spouse visa, moved to UK May 2015 | Returned to Oz June 2016

Share this post


Link to post
Share on other sites

Hi Marisa 

thanks for responding. I’m more interested in my tax residency and when I would actually become a tax resident of Australia? When I lodged the application or when I returned to live a few months later.

 

thanks mike 

 

Share this post


Link to post
Share on other sites
3 minutes ago, urbancoyote said:

Hi Marisa 

thanks for responding. I’m more interested in my tax residency and when I would actually become a tax resident of Australia? When I lodged the application or when I returned to live a few months later

You won't be able to arrive, apply, leave, and then return a few months later.

You'll have to:

  • arrive (on a tourist visa),
  • apply for the visa,
  • stay until your tourist visa expires, at which time your bridging visa will take effect
  • apply for permission to leave Australia (and note, you must give a specific "good reason" for needing to travel) - called a BVB
  • wait for the BVB to be approved
  • make sure you return to Australia before the BVB expires (which is three months from the date it is granted, I believe)

Would that work for you?


Scot by birth, emigrated 1985 | Aussie husband granted UK spouse visa, moved to UK May 2015 | Returned to Oz June 2016

Share this post


Link to post
Share on other sites
On 05/04/2019 at 22:44, urbancoyote said:

Hi Marisa 

thanks for responding. I’m more interested in my tax residency and when I would actually become a tax resident of Australia? When I lodged the application or when I returned to live a few months later.

 

thanks mike 

 

Tax residency is completely separate from residency for immigration purposes. Tax residency is based on the facts on when you actually took up residency. So arriving to lodge an application (even assuming it were possible to do that - which as Marisawright has already pointed out it isn't) would not make you resident for tax purposes. Similarly arriving to activate a PR visa and then leaving (which is a common scenario that is possible) does not make you resident for tax purpose. You only become resident for tax purpose when you arrive to live in Australia.

  • Like 1

Chartered Accountant (England & Wales); Registered Tax Agent & Fellow of The Tax Institute (Australia) www.kbfayers.com

Share this post


Link to post
Share on other sites

Hi Ken and Marisa thank you for your responses

It would be a temporary investor visa, so I think you can lodge the application and then leave again, before returning later on. Thank you for the advice about the residency for tax purposes. 

 

Cheers 

 

Share this post


Link to post
Share on other sites
39 minutes ago, urbancoyote said:

Hi Ken and Marisa thank you for your responses

It would be a temporary investor visa, so I think you can lodge the application and then leave again, before returning later on

 

What number visa is that?

What is the advantage of applying in Australia rather than simply applying from the UK in the normal way?

I thought you said you wanted to emigrate, not just come for a short stay?

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband granted UK spouse visa, moved to UK May 2015 | Returned to Oz June 2016

Share this post


Link to post
Share on other sites
On 05/04/2019 at 22:51, Marisawright said:

You won't be able to arrive, apply, leave, and then return a few months later.

You'll have to:

  • arrive (on a tourist visa),
  • apply for the visa,
  • stay until your tourist visa expires, at which time your bridging visa will take effect
  • apply for permission to leave Australia (and note, you must give a specific "good reason" for needing to travel) - called a BVB
  • wait for the BVB to be approved
  • make sure you return to Australia before the BVB expires (which is three months from the date it is granted, I believe)

Would that work for you?

You can apply for a BVB before the BVA is in effect.

An understanding of how the visitor visa interacts with the BVA will also be desirable - ie using the visitor visa even after the BVA has been granted.

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

Share this post


Link to post
Share on other sites
On 05/04/2019 at 20:29, urbancoyote said:

Hi 

I’m planning on emigrating to Australia. I am just looking at a couple of scenarios. If I was to come on shore to a lodge a visa application at the back end of 2019, but then left soon after to go back to the uk, before returning in 2020 on a bridging visa, given I only own property in uk and will have no job in Australia in 2019 would I be a tax resident from when I first lodge the visa or from when I return in 2020?

Many thanks

 

 

mack

 

Hi mack.

What visa subclass number are you considering please?

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

Share this post


Link to post
Share on other sites
On 10/04/2019 at 05:27, Alan Collett said:

You can apply for a BVB before the BVA is in effect.

An understanding of how the visitor visa interacts with the BVA will also be desirable - ie using the visitor visa even after the BVA has been granted.

Best regards.

Hi, 

I want to ask you critical questions about management accountant skill assessment bu I can not pm to you. Can you help me ?

Best regards

Edited by turkersoykan

Share this post


Link to post
Share on other sites
10 hours ago, turkersoykan said:

Hi, 

I want to ask you critical questions about management accountant skill assessment bu I can not pm to you. Can you help me ?

Best regards

Not sure about the relevance of this question to the thread ...

You can send an email to me detailing your situation, but if you have already started an application for a skilled visa I anticipate I will not be able to assist.

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×