flanagaj

Hi,

I was granted my skilled independent migration visa last April and am considering moving over. I just want to ask whether I can claim LAFHA on that visa ?

Thanks

Dorothy

No. If you have a 175 (permanent) visa then Australia will be your home. LAFHA is for those living away from their home for work.

Unless of course you settle in Sydney (for example) and your work requires that you live in Alice Springs (also for example). In that case your work would require you to live away from your usual home.

flanagaj

Bugger. I wish I had not applied for the visa now, given that the Wife only wants to go to Aus for a couple of years.

Beoz

That statement suggests you intend to live away from home on a temp basis. Can you prove it and get an employer to support your claim for LAHFA?

Dorothy

By applying for a permanent visa the OP has already demonstrated that they intend to live in Australia permanently.

Bermudashorts

Agreed. You can't just say I have a PR visa but I am not really sure about it therefore I want LAFHA...

Beoz

Agree but the ruling could be interpreted in many ways. The visa status, whilst indicating in the intention to remain permantly could be irrelevant like it is with residency, and citizenship if the receipient can demonstrate their intention to return home. I wonder if it's'worth talking to a LAHFA consultant?

Bermudashorts

Not sure. Because if that was an avenue then everyone on a PR visa could say, oh I am just trying this out but we are probably going back soon, and hence get LAFHA.

Beoz

I think I read somewhere once that if someone continued to own a home in another town or country or has other ties that indicates the intention to return home they could be eligible. Anyway, the OP would need an employer to support it.

Bermudashorts

Well I own a home in another town or country, my whole family is there and indeed I could very well decide to return in the future. But I think huge numbers of PR visa holders could say this, therefore I am pretty sure that it just won't wash.

Beoz

Maybe there's'a large number of PR's' eligible for LAHFA. Maybe?

steen1976

Apparently as soon as any application is made for a permanent visa when you are on a temp and claiming LAFHA it will stop.

I see what you are saying but considering the above I doubt if someone holds a perm visa they would accept that the person is only temporary.

Speculation of course.

Dorothy

However, PR and citizens are eligible for LAFHA as well. Provided they are working away from their home and their employer agrees to adminster it. i.e. when my husband was offered a job in Perth but our home was in Adelaide.

Beoz

Us amateur lawyers - all good fun

In the situation you mention the person is changing their visa to permanent therefore indicating the intention to be permanent. In the OP's case they already have a permanent visa therefore not changing their intention.

LAHFA seems to be all about intentions.

DeepSix

although.. juat to add this to the mix
I am a NZ citizen.. so get a special catagory visa.. which has no time stipulation.so i am not a PR.. but as it stands.. dont ever have to leave

I got my work to give me a 4 year contract.. and they administer LAHFA for me.
wife and kids are here.. but we do own a home in NZ.. and only rent here

so its not always black and white