Australian De Facto Spouse Visa

Skittlebrau

After months and months of stress and hassle I finally got the good word yesterday and can stay in the country.

I know there's people on here who are thinking about the same thing so if there's any questions or you want advice from someone who's been through the long process just let me know. I'm here to help

Did the whole thing ourselves too. No migration agents!!

Such a relief!!

Ruu_Old

Nice one, I'm the far side of the world doing the immigration thingy as well. Mine is being processed at one of the slowest service centers ever! Ah well, it'll come eventually.:)

Coileach dearg

First off, congratulations skittlebrau.

How long does it take to process?
I'm currently into my second year of my 4 year (457) visa. I'm thinking about making it permanent and the girlfriend is all for it as well. Should I wait until the final year of my 457 before going ahead with it?

And finally, Is there much difference between how much tax you pay as a permanent compared to a temporary resident or is there any difference do you know?

Skittlebrau

Dammit, I knew I'd get questions that would throw me!! I'll do my best though.

Firstly I've no idea what a 457 visa is. Main requirement for the defacto is that you've been living together for the 12 months immediately prior to lodging the application. And you need to prove that the relationship is genuine.

Important things to have are a lease with both your names on it, a joint bank account (which we didn't actuually have but they recommend it) and bills in both your names. To prove it's genuine I had emails, records of presents sent (online receipts), cards etc. It was a pain.

So if you've been living with your Mrs. for the last year then I don't see any reason why you couldn't apply. It is hassle though. You need to get statutory declarations from people who know you, have a medical, get police clearance from any country you've spent longer than a year in (I had to send my fingerprints off to the FBI).

I came on the Working Holiday visa (met my G/F in Ireland), lived together as soon as I got here and applied for the de facto on the last day of my working holiday.

As for the tax, I could be wrong on this but I was of the understanding that the tax system isn't connected to Immigration.

You're a non-resident for tax purposes if you're travelling around or in the country from less than a certain number of days (180 is in my head for some reason). When you're non resident you don't get the 6000 tax free allowance that residents get and you pay 29% on everything.

If you're resident then there's the 6000 and there's the difference tax bands too.

I could have changed my tax status a few months ago but I deliberately left it so I'll get more back when I submit my taxes in a month or too.

I know that's not a definitive answer for everything but it's the best I can do!!

Phew! I think that's my longest post ever.


PS From Application to yesterday was almost 3 months. Had a (very) brief interview too in that time. But I started getting the whole application ready last September. The application was in a folder about 4 inches thick by the time I was finished.

Coileach dearg

Thanks for that! That does sound painful.

Firstly I've no idea what a 457 visa is. Main requirement for the defacto is that you've been living together for the 12 months immediately prior to lodging the application. And you need to prove that the relationship is genuine.

457 Visa is when you get sponsored by your work company to stay and work in Australia for 4 years.
We have been living together now for 14 months, don't have a joint bank account though.
I'm going home for a few weeks at Christmas so can get the Garda declaration while I'm there.

As for the tax, I could be wrong on this but I was of the understanding that the tax system isn't connected to Immigration.

Ya I thought that too.

Anyway I better get all my paper work together now like you did. It will save the hassle down the road.
You've been a great help skittlebrau. Fair play to ya!

daveg

Skittlebrau wrote:

I'm here to help

Hi Skittlebrau. We are currently waiting on our 136 visa and are hoping to move to Melbourne in December. What made you choose Melbourne? Where abouts are you living there? Did you find it hard to find work? any tips?

Skittlebrau

Ah easy questions!!

Chose Melbourne because that's where my g/f is from (well she's actually from country VIC) but she moved here.

Living in East Brunswick. Really like the place. 25 mins from the city centre by tram and lots of pubs/restaurants etc near by not so close that it's a problem.

I found work pretty easily but I suppose it depends on what area you're looking at. I was looking for legal work and found temp/casual work within 2 weeks which led to my current job. It will be a nightmare when I see about getting professionally qualified over here though (that's next on my agenda!!)

There seems to be plenty of work around (in general) but again it would depend what you were looking for.

The Sweeper

Hey Skittlebrau

I'm 60kms north of you at moment on a temporary spouse visa. Got a question - is your defacto visa temp or perm? E.g. is it valid for two years and then you've got to reapply for a perm visa?

(And PS: is it ever going to stop raining today?! )

Skittlebrau

Yeah it's temporary for 2 years and then if me and the g/f are still together it's permanent. It's the same visa as the Spouse one as far as I know just with extra evidence required.

I will have to give them more stuf in 2 years but not nearly as much as I did the first time. Should be straight-forward next time

The Sweeper

Yeah I'd have to do the same in April 2009 to make my visa permanent - though apparently they don't charge you as much when you're doing the temp to perm thing.

Now I just have to keep having the 'resident/non resident' arguments with medicare...

Tea Leaf

And finally, Is there much difference between how much tax you pay as a permanent compared to a temporary resident or is there any difference do you know?

There is a difference (relating to entitlements).

Now I just have to keep having the 'resident/non resident' arguments with medicare...

I can't see why as Medicare is one of the most straightforward processes in the whole kit on account of the reciprocal arrangement between Australia and Ireland.

And.
Everyone in the know
knows it's Brisbane that's the place to be.

daveg

Skittlebrau wrote:

Ah easy questions!!

Chose Melbourne because that's where my g/f is from (well she's actually from country VIC) but she moved here.

Living in East Brunswick. Really like the place. 25 mins from the city centre by tram and lots of pubs/restaurants etc near by not so close that it's a problem.

I found work pretty easily but I suppose it depends on what area you're looking at. I was looking for legal work and found temp/casual work within 2 weeks which led to my current job. It will be a nightmare when I see about getting professionally qualified over here though (that's next on my agenda!!)

There seems to be plenty of work around (in general) but again it would depend what you were looking for.

Thanks for the feedback Skittlebrau. I'm working as a training specialist. any idea's on work prospects in the training field?

Thanks for your feedback btw. So far we are looking at the Mornington peninsula or Williamstown area.

Skittlebrau

daveg wrote:

...any idea's on work prospects in the training field?

Thanks for your feedback btw. So far we are looking at the Mornington peninsula or Williamstown area.

You've picked some really nice places there mate. The Mornington peninsula is beautiful. Williamstown is too actually. Haven't spent a lot of time in either to be honest but they're too really nice spots.

A little too far out of the city for me (but not by Melbourne standards) and also completely and unbelievably out of my price range but definitely nice places.

No idea on prospects in the training field sorry! Not even 100% sure exactly what that entails to be honest. You've probably already looked on seek.com.au, careerone.com.au and mycareer.com.au. And that's me all out of ideas. Sorry!

mandrake04

Coileach dearg wrote:

First off, congratulations skittlebrau.


I'm currently into my second year of my 4 year (457) visa. I'm thinking about making it permanent and the girlfriend is all for it as well. Should I wait until the final year of my 457 before going ahead with it?

QUOTE]


I'm on a 457 myself and am in the process of making in permanent, I have been told that the 3rd year is the best because you have proved 3 years skilled experience and you still have a year for the process to go through, also when the process is complete you have to leave the country for 5 days and re-enter for the visa to take effect.


As for the tax when you become permanent it will be reduced.

If you are paying 29% on your 457 visa you have overpaid you tax, if you put in a tax return after 30th June you will get most of it back.

Even if your not a permanent resident if you have worked more than 6 months then for tax purposes you are treated as if you are.

I treat my tax as a savings account.

I got $5400 last year and will probably get over $6000 this year.

Also go to a good tax agent & keep receipts for everything to do with your work ie. Car, Clothes, phone, Boat, even toilet paper, also if you rent a house you could claim for a home office. all these things add up.

mandrake04

mandrake04 wrote:

Coileach dearg wrote:

First off, congratulations skittlebrau.


I'm currently into my second year of my 4 year (457) visa. I'm thinking about making it permanent and the girlfriend is all for it as well. Should I wait until the final year of my 457 before going ahead with it?

I'm on a 457 myself and am in the process of making in permanent, I have been told that the 3rd year is the best because you have proved 3 years skilled experience and you still have a year for the process to go through, also when the process is complete you have to leave the country for 5 days and re-enter for the visa to take effect.


As for the tax when you become permanent it will be reduced.

If you are paying 29% on your 457 visa you have overpaid you tax, if you put in a tax return after 30th June you will get most of it back.

Even if your not a permanent resident if you have worked more than 6 months then for tax purposes you are treated as if you are.

I treat my tax as a savings account.

I got $5400 last year and will probably get over $6000 this year.

Also go to a good tax agent & keep receipts for everything to do with your work ie. Car, Clothes, phone, Boat, even toilet paper, also if you rent a house you could claim for a home office. all these things add up

The Sweeper

Tea Leaf wrote:

I can't see why as Medicare is one of the most straightforward processes in the whole kit on account of the reciprocal arrangement between Australia and Ireland.

Uh-huh, is that the reciprocal arrangement whereby if I'm hospitalised I simply have to provide proof of my permanent residency in Ireland?

Which'll be nice, since I haven't lived there for five years, am not domiciled there, and have no proof of residency in that country...

There seems to be a thing in Australia:

You're a resident if you're here on a permanent visa.
You're a non-resident if you're here on a one year working holiday visa or similar.
If you're on a 457 or temporary two-year spouse visa, it seems to depend on who you get on the phone or behind the counter as to whether they can get their head around the residency/non residency thing.

"Are you a resident?"
"Well, I live here..."

WhiteWashMan

i feel an ozbeers coming up in melbourne....


(ha! sucks to live in brisbane!)

Coileach dearg

mandrake04 wrote:

mandrake04 wrote:

I'm on a 457 myself and am in the process of making in permanent, I have been told that the 3rd year is the best because you have proved 3 years skilled experience and you still have a year for the process to go through, also when the process is complete you have to leave the country for 5 days and re-enter for the visa to take effect.


As for the tax when you become permanent it will be reduced.

If you are paying 29% on your 457 visa you have overpaid you tax, if you put in a tax return after 30th June you will get most of it back.

Even if your not a permanent resident if you have worked more than 6 months then for tax purposes you are treated as if you are.

I treat my tax as a savings account.

I got $5400 last year and will probably get over $6000 this year.

Also go to a good tax agent & keep receipts for everything to do with your work ie. Car, Clothes, phone, Boat, even toilet paper, also if you rent a house you could claim for a home office. all these things add up

Thats deadly news altogether!
Ya, going permanent on the 3rd year would suit me too. I am paying 29% tax, crazy stuff. I suppose if I told ya I had paid > $30k tax since last July you wouldn't believe me!
I didn't know that if ya work from home sometimes you are entitled to claim tax back. How about cityrail tickets? I suppose that would be pushing it.

mandrake04

Yeah I would believe you .....I have paid about $20500 in tax myself check out this website.

http://au.pfinance.yahoo.com/calculators/income-tax.html

Enter your gross (Annual) wage for 2006/2007 this should work out how much you should have paid in tax. Subtract this amount from what you have paid in tax you should then be due this amount.

If you use public transport to get to your job then same as a car its deductible.

UBD and GPS are also full tax deductible as well.

Mobiles etc