The Brand New PIO Parents Visa thread

[muz068]

24 minutes ago, LindaH27 said:

Can you give the link to the report ? As far as I’m aware it was a report into the future of immigration and visas rather than productivity 

https://www.pc.gov.au/inquiries/completed/productivity/report

 

I think you are correct though:-)

[LindaH27]

4 minutes ago, muz068 said:

https://www.pc.gov.au/inquiries/completed/productivity/report

 

I think you are correct though:-)

I did see this but believe  this to be a regular 5 year report and not the one that was tasked with looking into visa reforms 

[LesleyT]

I have just received a request for further information and request for AOS. My hands are shaking and I’ll be reading everything at least 4 times! 

[Manrug]

We are so pleased for you and good luck.

[LindaH27]

14 hours ago, LesleyT said:

I have just received a request for further information and request for AOS. My hands are shaking and I’ll be reading everything at least 4 times! 

So pleased to hear this! Hope all goes well.

[dunken]

Hello Everyone

 

I'll really appreciate if someone can please help.

We applied 173 Visa in November 2016 and got request for more documents in October 2022. Everything was submitted in 2 weeks time period and then Immi asked for further Medical checks and that was submitted in December 2022. After submitting Medicals again, their is no communication from Immi. Is this normal? Or should we try to contact them and ask what's going on?

[Pertenhall]

Seeking advice on citizenship timelines.  We were lucky enough to get out visas granted in Sep 2018 and in Nov 2018 activate them with a trip out.  We then had to return to the UK to sort out our affairs and finally moved over on 7 Nov 2019.  It would seem that our "permanent residency" would be counted from 13 Nov 2018 when we activated our visa.  However  I am a bit confused over the definition for "lawful residence" . 

The website states " You need to know the date your 'lawful residence' started, that is, when you first started living in Australia on a valid visa.  For example, you might have arrived in Australia on 1 June 2012 holding a temporary visa. Then on 4 September 2016, we granted you a permanent visa. So, your lawful residence date is 1 June 2012 and your permanent residence date is 4 September 2016."

But this doesn't cover our situation.  Can we start our citizenship application now (more than 4 years since our permanent residency), or do we have to wait 4 years from when we finally moved here - i.e. 7 Nov this year?  Does anyone have any similar experience. 

 

[Peter2]

34 minutes ago, Pertenhall said:

Seeking advice on citizenship timelines.  We were lucky enough to get out visas granted in Sep 2018 and in Nov 2018 activate them with a trip out.  We then had to return to the UK to sort out our affairs and finally moved over on 7 Nov 2019.  It would seem that our "permanent residency" would be counted from 13 Nov 2018 when we activated our visa.  However  I am a bit confused over the definition for "lawful residence" . 

The website states " You need to know the date your 'lawful residence' started, that is, when you first started living in Australia on a valid visa.  For example, you might have arrived in Australia on 1 June 2012 holding a temporary visa. Then on 4 September 2016, we granted you a permanent visa. So, your lawful residence date is 1 June 2012 and your permanent residence date is 4 September 2016."

But this doesn't cover our situation.  Can we start our citizenship application now (more than 4 years since our permanent residency), or do we have to wait 4 years from when we finally moved here - i.e. 7 Nov this year?  Does anyone have any similar experience.

Hi @Pertenhall,

I think you need to have lived in AU for 4 years since your visa activation date. Make sure you also meet the criteria below, especially item 3.

You can start your online application. If you don't meet residence requirement, it won't allow you to proceed.

Also worth checking with the calculator if you haven't done so already: https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator

Quote

 

When you apply you must have been:

• living in Australia on a valid visa for the past 4 years
• a permanent resident or eligible New Zealand citizen for the past 12 months
• away from Australia for no more than 12 months in total in the past 4 years. This includes no more than 90 days in total in the past 12 months.

 

 

[fremarco]

In our case, we didn’t have a temporary visa, it was from the date that the permanent visa was granted. (Subclass 103). The calculator is good start.

[Davewithapommum]

Afternoon All,

Based on an end of 2020 application I am assuming processing after 2030 (which is so bloody long away). Mum is currently coming in on toutist visas each March and September to see her grandson and me and is starting to realise that doing this for the next 10 years will start to amount a heap of cost in rentals and Airbnbs (we have stopped letting he stay with us as 4+ weeks at a time takes its toll)!

I am not sure of the best way for her to buy property here...

Are there astronomical tax implications for overseas tourists trying to buy propoerty OR is that not even an option? 

Any thoughts on this would be so much appreciated.

 

 

[Marisawright]

22 hours ago, Davewithapommum said:

Afternoon All,

Based on an end of 2020 application I am assuming processing after 2030 (which is so bloody long away). Mum is currently coming in on toutist visas each March and September to see her grandson and me and is starting to realise that doing this for the next 10 years will start to amount a heap of cost in rentals and Airbnbs (we have stopped letting he stay with us as 4+ weeks at a time takes its toll)!

I am not sure of the best way for her to buy property here...

She would have to apply for permission from the FIRB to buy a property (and pay their fees).  Then she would be hit with a hefty surcharge on top of the normal purchase price and stamp duty.   It's about $40,000 extra on a $500,000 property.   If she's going to leave it empty while she's not in Australia, she would have difficulty getting insurance. 

[Alan Collett]

36 minutes ago, Marisawright said:

She would have to apply for permission from the FIRB to buy a property (and pay their fees).  Then she would be hit with a hefty surcharge on top of the normal purchase price and stamp duty.   It's about $40,000 extra on a $500,000 property.   If she's going to leave it empty while she's not in Australia, she would have difficulty getting insurance. 

Or the parent gifts money to the child or children who then buy a second property ...

Legal advice is a must have to protect the parent/s position should this be of interest.

Best regards.

[ramot]

On 19/04/2023 at 15:47, Alan Collett said:

Or the parent gifts money to the child or children who then buy a second property ...

Legal advice is a must have to protect the parent/s position should this be of interest.

Best regards.

Alan, would this impact on a parent  gifting money to an offspring, and inheritance tax, if the parent sadly dies before 7 years. if the parent now lives permanently in Australia. 

Hope that makes sense. and sorry if it’s too complex a situation for you to answer easily on PIO forum 

 

[Alan Collett]

7 minutes ago, ramot said:

Alan, would this impact on a parent  gifting money to an offspring, and inheritance tax, if the parent sadly dies before 7 years. if the parent now lives permanently in Australia. 

Hope that makes sense. and sorry if it’s too complex a situation for you to answer easily on PIO forum 

 

Depends on the domicile status of the deceased.

Even if UK domiciled there's a tapering of the sum gifted, such that after 3 years not all of the value of the gift is added back into the value of the estate for IHT purposes:

https://www.gov.uk/inheritance-tax/gifts  (scroll down to the 7 year rule)

Best regards.

[Ollie1234]

Super confusing! So if you're living in Australia on an 804 visa, you're technically only a temporary resident, and therefor all your tax affairs are managed in the UK?  Or you can choose where to be taxed under dual taxation agreement? 
 

[LindaH27]

27 minutes ago, Ollie1234 said:

Super confusing! So if you're living in Australia on an 804 visa, you're technically only a temporary resident, and therefor all your tax affairs are managed in the UK?  Or you can choose where to be taxed under dual taxation agreement? 
 

Yes you’re taxed in UK plus you’re classed as a foreign resident if you purchase property. This means paying $13200 to FIRB for permission to buy then on top of normal stamp duty you pay an extra 7-8% depending on your state. I believe there is also an annual 4% land tax as well. 
 

There could be changes ahead with the release of the latest visa review. Govt consider there are too many people  on “permanent temporary visas” ( bridging visas?) and older parents cost too much so it’s possible some  visas will be revoked/changed  

[Marisawright]

4 hours ago, Ollie1234 said:

Super confusing! So if you're living in Australia on an 804 visa, you're technically only a temporary resident, and therefor all your tax affairs are managed in the UK?  Or you can choose where to be taxed under dual taxation agreement? 
 

You can't choose where to be taxed. 

[Alan Collett]

5 hours ago, Ollie1234 said:

Super confusing! So if you're living in Australia on an 804 visa, you're technically only a temporary resident, and therefor all your tax affairs are managed in the UK?  Or you can choose where to be taxed under dual taxation agreement? 
 

Do you have an 804 visa, or are you on a Bridging Visa waiting for an 804 visa to be granted.

Please be more specific!

Best regards,

[Ollie1234]

On 27/04/2023 at 22:50, Marisawright said:

You can't choose where to be taxed. 

Thank you.

[Ollie1234]

On 27/04/2023 at 23:16, Alan Collett said:

Do you have an 804 visa, or are you on a Bridging Visa waiting for an 804 visa to be granted.

Please be more specific!

Best regards,

In Australia on BVA waiting for 804 (which will not be granted while we're still walking the earth). Not yet sold up in the UK but looking to head back and do that this year. 

[Danny2729]

On 28/04/2023 at 02:54, LindaH27 said:

Yes you’re taxed in UK plus you’re classed as a foreign resident if you purchase property. This means paying $13200 to FIRB for permission to buy then on top of normal stamp duty you pay an extra 7-8% depending on your state. I believe there is also an annual 4% land tax as well. 
 

There could be changes ahead with the release of the latest visa review. Govt consider there are too many people  on “permanent temporary visas” ( bridging visas?) and older parents cost too much so it’s possible some  visas will be revoked/changed  

Any ideas how the last paragraph will affect those in the 143 queue?

[Anks]

6 hours ago, Ollie1234 said:

In Australia on BVA waiting for 804 (which will not be granted while we're still walking the earth). Not yet sold up in the UK but looking to head back and do that this year. 

Hi @Ollie1234, I haven't read the entire convo or context but your signature suggests you have applied for 143 and you also saying you have 804 bridging visa.
Are you questioning for someone else or generally about 804 bridging visa?

[Ollie1234]

18 hours ago, Anks said:

Hi @Ollie1234, I haven't read the entire convo or context but your signature suggests you have applied for 143 and you also saying you have 804 bridging visa.
Are you questioning for someone else or generally about 804 bridging visa?

Will update that! We did apply for 143 but post-Covid decided not to wait and switched to 804. 

[Tulip1]

35 minutes ago, Ollie1234 said:

Will update that! We did apply for 143 but post-Covid decided not to wait and switched to 804. 

Did you not consider keeping in the 143 queue and staying onshore on a 870 while waiting.  You might at this stage still have had about another six years to go if you’d have hung in there but getting PR in six years time sounds much better than never getting PR, especially as there’s options to be onshore while waiting.  

[LindaH27]

1 hour ago, Tulip1 said:

Did you not consider keeping in the 143 queue and staying onshore on a 870 while waiting.  You might at this stage still have had about another six years to go if you’d have hung in there but getting PR in six years time sounds much better than never getting PR, especially as there’s options to be onshore while waiting.  

I do agree with you especially with this new review. 804 is subject to  any changes  in immigration law and parents will have to pass  the Medical in another 3 years just to be put  in queue! 

But then no one has a crystal ball to send into the future - I didn’t think that being told 18-24 months would turn into me still waiting nearly 6 years later!! 
 

@Tulip1 have you received your visa  yet - I remember you saying you had been asked for  further docs?