floss

Having been married for 13 years with 3 children, my Australian husband and I are now looking at moving permanently back to Queensland. The idea is to go on a visit in August and if all goes well to move over full time in January 2006.

The problem is - when to apply for my Spouse Visa?

After many headaches I have got everything ready to apply now. The idea is to apply early in case it takes ages but, if it does come through in time, to use the Spouse Visa to enter Australia when we go on our visit in August.

But it has been suggested that as soon as you enter Australia on a Permanent Spouse Visa, you set in motion various different processes - such as the time limit within which all capital must be brought into the country before you have to pay double tax. This could cause problems if it takes time to sell our house once we have returned in September (and when doesn't it take time!!)

Presumably if I have applied for, or been issued with, a Spouse Visa, I cannot then enter Australia on a visitor or any other visa?

So I would be more sensible holding fire and waiting to submit my application until September - but in this case, how long do my statutory declarations, medicals and my police clearance last for? Would I have to do all of that side of things again??? Aargh!

Advice would be HUGELY appreciated - thanks

bondipom

Tax residency and permanent residency are separate. If you have applied for a spouse visa you may still get an ETA however inform DIMIA when you intend to travel to Australia so they do not invalidate your ETA whilst here. The good news is that if you apply now you should have your partner visa by August.

You have to make your first entry to Australia a year from the earlier of your medical or PCC. The first entry is often referred to as validation.

As JAJ normally points out have you looked at British citizenship for your husband and children and have you got Australian Citizenship for your children?

floss

Thanks for advice - especially as I'm new to this forum lark and managed not to post mine in 'immigration'!

Thought I was well read on the subject, but what is "ETA"?

Although everything else is in place, I have only booked my medical so I may postpone it and do it on my return in August - delaying my application seems safest as we don't want to have to pay extra tax etc if the sale of our house or indeed our entire relocation hits a hitch... Only really me wanting to have it in my hand so I feel a little nearer!!

And yes, husband and children are all dual nationality - only me that's the problem!!

Wish you could send us some Bondi sunshine - very grey and drizzly here!!

JayDeee

I honestly dont think it matters, I applied for my spouse visa last yar, got it in a few weeks, came to Australia for a wedding a month or so later and valdated the visa then. I wasn;'t intending on staying then and went back to the uk, I moved out here 3 months later and tax didn;t come into it, All the time was living and working in the Uk (ie a resident) I paid uk tax and once I became an Australian resident (when I actually moved over) and started earning I started paying Australian TAx.

_Personally I cant see any reason for not getting it befor you come over and validate then, saves you having to plan round your visa in future to be able to validate.

FYI, if your husband has not got British Citizenship yet he can apply before leaving the Uk and do the ceremony over here, my hubbies came through in about 2 weeks, he will be having his ceremony in Perth

Cheers
Kala

bondipom

An ETA (Electronic Travel Authority) is available online and allows you to enter Australia as a tourist for 3 month stay. The ETA is valid for a year.

I would do your partner application now as I would be suprised if it took until August. Most people here are processed in a few weeks and rarely over 4 months. You can then validate your visa in August. Your tax residency only starts when you move there permanently. Validating and returning to the UK will not start your tax residency in Oz. Lots of people do this.

floss

Sooooo... if I get my Permanent Visa in time to go on my visit in August, I use that Permanent Visa and thereby validate it. And this does not start a clock ticking anywhere to say that I have to be actually resident or am liable to pay Australian tax by any particular deadline? So I will not be caught out if things stall for any reason? Once validated, how long does a Permanent visa stay valid for if you are not actually using it to be in Australia?

May I say this website is the best - I work from home and AM VERY BORED and this is all brilliant! Thanks, particularly, Bondipom

bondipom

PR visas are normally valid 5 years from grant providing you validate in time. Tax residency is defined on the ATO website www.ato.gov.au . As I am not an accountant with a full knowledge of your tax affairs I cannot guarantee anything however a validation visit does not trigger tax residency. You may return to the UK and will not be liable in Australia for income in the UK. The usual 6 months allowances start when you move here properly.

OzTennis

BP's spot on as usual. I'm in a similar situation - Australian, took out British citizenship; wife British (to her regret didn't take out Australian citizenship when in Oz), we will be applying for a spouse visa for her closer to the time we move.

When you have been married for a number of years and jointly co-habiting and can prove this (marriage certificate, a joint bank account or bills going back a few yrs etc), the spouse visa doesn't take long at all, sometimes weeks. Get the police clearance and medicals underway first (front end loading your application as the jargon goes). The visa will come through before Aug, validate it on the trip, clock DOES NOT start ticking until you move permanently and apply to ATO for TFN (Australian Tax Office and Tax File No.)

The 'ticking clock' bit which is frequently misinterpreted on this site is to do with moving funds and does not relate to the validation of a visa.

If the spouse visa doesn't come through (but it will if you start the process soon) you can always get an ETA online at www.immi.gov.au with a few clicks and credit/debit card details. In theory you could do it on a computer at the airport before you check in because it is instantaneous and will come up when they check your passport a nanosecond later. There's nothing to lose and everything to gain by proceeding with the spouse visa application.

OzTennis

floss

Bondipom & Oztennis Thanks for the fab info - hope hubby agrees (actually just trying to cut him off at the pass in case he decides, on our visit, that he "doesn't really fancy moving back" :scared: ...! If it's all done and dusted, he can't say no... can he!!)

JayDeee

Although the ETA is usually instant it shouldn;t be assumed, My fathers was refused due to the fact that his passport was valid for more than 10 years (he had just applied for a new one as he only had a few months left on the old one giving him just over 10 years). It was sorted in a about a week so wasn't a major problem but people should still give a bit of time before travelling to ensure there are no problems.


Cheers
Kala

moneypenny20

I would agree with the others - get the visa now. We have been married 14 years (together 23) with two children. I front loaded the application and got the visa back inside a week.

You won't get clobbered for any tax issues until you get out there permanently.