natmcg

Just wondered if anyone here has had 115 points and then gained the missing 5 points by paying the $100k bond...

Info gratefully received. Currently a skilled IT person aged 30 (so just lost 5 points because they're not 29 any more) - j2ee architect.

Do you just apply with 115 points and the promise to pay the 100K?

manxfamily

You state on the application form that you intend to invest the $100K.

After your medicals and police checks have been submitted and processed, you will receive a request to pay the bond, after that’s paid your looking at a couple of weeks and the pre grant letter will arrive, yippee!! visa time.

What stage are you up to? We are waiting for the request, expecting end of month/early next.

natmcg

Hi - thanks so much for replying. I'm actually an Aussie already - in Melbourne but moving to Perth (dual national, half English, half Australian - grew up in South of England). Anyway, without wanting to give my entire life story away in this post (!) - basically a friend of mine wants to get into Australia but looking at his age, skills etc, he's only got 115 points, thus 5 points short. I was going to sponsor him but it's better all round if he comes in independently. So it looks like with that extra 5 points, he can.

He hasn't even started applying yet. I've done the hurdles for the spouse visa (for both NZ and Australia) but the independent skilled visa is new to me, hence the question.

So now I'm kinda wondering how long it's going to take to get his visa from start to finish... He's British but living in the US (green card). Guess it depends on the embassy involved...

He's headed for W.A. though - I'm wondering whether he can invest the money in any state as the interest rate seems to vary?

JAJ

You can't sponsor a friend anyway.

Lots of people invest the $100k bond to get the extra points.


Has the thought about what will happen to his green card once he leaves the US to live in Australia? (he'll lose it very quickly).

He should have a long, hard think about whether he'd like to take US citizenship before he leaves the US. The main disadvantage is having to file US tax returns even when living overseas, although I don't believe most American expats in Australia or the UK have to pay much (or anything). He'd keep British citizenship.


Not any more - since 2001 all new general skilled migration applications have been lodged in Adelaide, Australia.

He can invest in any participating state bond. Interest rates vary slightly (although are always changing), some states may also have better 'customer service' than others.


Jeremy

natmcg

You can't sponsor a friend anyway.

No - realised that - could go the spouse route if necessary but would rather he came in independently because the spouse route opens up another can of worms so we won't go there unless we have to.

Has the thought about what will happen to his green card once he leaves the US to live in Australia? (he'll lose it very quickly). He should have a long, hard think about whether he'd like to take US citizenship before he leaves the US. The main disadvantage is having to file US tax returns even when living overseas, although I don't believe most American expats in Australia or the UK have to pay much (or anything). He'd keep British citizenship.

Now this is the next big question actually so thanks for raising this. He is seriously thinking of taking out US citizenship on the basis that he won't lose his British citizenship by doing so (can't have enough passports...). If he then applies for a skilled migrant visa for Australia and is successful, I was thinking that it would be better to apply as a British citizen (and not mention that he also has US citizenship - if possible?) because I know he won't lose his British Citizenship. Or does he have to declare his US citizenship?

How would the US lot know that he was taking out a visa for Australia anyway?

The US tax filing wouldn't be an issue I wouldn't have thought - surely he'd just put $0 as taxable for the US and it would just be a matter of filing the paperwork each year, slightly time-consuming as that would be?

Anyway, many thanks for your time - and information. Much appreciated.

JAJ

If he's in a "long term relationship" with an Australian citizen (2 years with child, 5 years without) then spouse migration gives PR from the start, and should be looked at. Otherwise it involves a temporary visa initially which can cause hassle, for example many Australian employers are reluctant to hire those without citizenship/PR.

If he becomes a US citizen before application he needs to declare it on the form. If he acquires US citizenship before validating his visa, he needs to notify DIMIA. It shouldn't be a problem in either case.

The US can get upset if Green Card holders do anything that looks like 'abandoning US residence'. How much of a risk obtaining an Australian immigrant visa (and validating it with a holiday in Australia) before getting US citizenship entails is something I can't evaluate, even if he is resident in the US. He should contact an immigration attorney to discuss further (or get US citizenship first). The attorney should also be able to tell him if there are going to be any issues with his naturalisation application - he needs to choose a good attorney.

His Green Card is definitely at risk once he moves to Australia, but what I mean is it's not so clear if he just has the visa.

What I can say is that an Australian PR visa looks like any other Australian visa (tourist, student, work permit), except for some different wording.


Employment income from Australia would have to be declared (US citizens are taxed on worldwide income even if non-US resident), but there's a Foreign Earned Income deduction of US$80k or so.

Investment income and capital gains issues can be more complex, however double tax agreements ought to mean that any Australian income tax due can be credited, or vice versa.

Jeremy

natmcg

If he's in a "long term relationship" with an Australian citizen (2 years with child, 5 years without) then spouse migration gives PR from the start, and should be looked at. Otherwise it involves a temporary visa initially which can cause hassle, for example many Australian employers are reluctant to hire those without citizenship/PR.


Hi again - the problem with this one is that the sponsor (me) would not be able to give the assurance of financial support (but I may be able to find someone that would be) - so there's a work around here since my understanding is that the sponsor and assurer do not have to be one and the same. If I DO have to be the assurer, I'll have to check with Centrelink that I qualify - hence the can of worms.

Since he is living in the US and I am in Australia (both knew each other in England at uni), we have no proof on defacto grounds, which leaves us fiance visa or spouse visa. Personal preference, but if we can avoid it, we'd sooner not marry just to get him into the country. Far better we decided if he can get in entirely independently and then we see how things go.

Really don't want him to lose his ability to return to the US should everything go pear-shaped so I think it's best he takes out US citizenship asap. Perhaps later down the line, say after 5 or 10 years, he may choose to renounce the US citizenship (he has family in England but nobody anywhere else, including the US so it would make little sense to return there after a certain period of time had passed). Bit of a juggling act in the meantime perhaps but worth not burning bridges one could argue.

Thank you - as always, your information is extremely helpful and very much appreciated.

JAJ

An assurance of support is discretionary - not mandatory - for spouse visas. It's unusual for this to be asked where the applicant is a British or US citizen.

That said, the independent option gives permanent residence straight away if you have enough points for the 136 visa.

Why would he ever want to renounce US citizenship? Even if he doesn't want to go there in 5-10 years, he might do in 20-30 years.

If he becomes a US citizen, any children he has born in Australia should be US citizens also.

The US actually takes a rather dim view of those who renounce US citizenship, if you look at the State Dept website.


Jeremy

natmcg

An assurance of support is discretionary - not mandatory - for spouse visas. It's unusual for this to be asked where the applicant is a British or US citizen.


Oh it is? I thought I'd have to give him financial assurance. In that case, backup Plan B is far more solid. That's good news- thanks.

That said, the independent option gives permanent residence straight away if you have enough points for the 136 visa.


Yes, with the 5 points from the $100k bond - he'll have 120 points, which I believe is the current passmark. I'm expecting that the skilled visa is more expensive ($100k bond aside) than the spouse visa - I'll pour over the fees another night - headache now after hours and hours of research!

Why would he ever want to renounce US citizenship? Even if he doesn't want to go there in 5-10 years, he might do in 20-30 years.

Just to avoid the whole tax issue. His expected earnings here in Australia as a programmer would be around the $100k mark (currently) so he may well have to pay some to the US. He's going to be taxed hard enough as is here in Australia - to be taxed yet again in the US would be a bitter pill - unless as you suggest, there's some reciprocal agreement that ensures money isn't taxed twice.

If he becomes a US citizen, any children he has born in Australia should be US citizens also.


Yes, I'd considered that actually - any children he and I have therefore would have Australian, British and US citizenship - covers a good portion of the globe. I'm loathed for him to give up US citizenship so I'll vote that he goes for it and keeps it.

Many thanks!

lovealot

Hello
I had to pay the $100k in mid June to gain my extra 5 points but i believe it will be well worth it. We had our meds and police reports the came the request for the bond. They give us a deadline to pay of about 45 days to paybut the bank throws money at people as long as you tell them that its for home improvments. Just apply to the bank in plenty of time so the money is through on your mortgage for when you need it, as I dont know if your bond date can be given grace

SuperSeagulls

I piad it, investing $100k in WATC (5.15%) via HIFX.

All very straight forward.

SS

tiredwithtwins

is he concerned about having to find the $100000? im sure i remember reading somewhere on here abuot someone borrowing the money from a bank....then after a year, the load was repaid in full when the bond was returned.

natmcg

Not sure if this post is for me or not - but if so, yes he'll have to find the $100k but he knows he'll get it back with interest...but less tax. It's going to clean him out though to get the $100 together that's all so he's going to have to be pretty swift at finding work once he arrives.

I assume actually since this visa (136) gives instant PR upon arrival, that he could if absolutely needed, get money from centrelink - unemployment benefit or the like? Or is there a limit on that? Unlikely he'd need to but in theory I'm wondering whether he could.

JAJ

There is a 2 year waiting period for many Centrelink benefits, even if you are PR (it does not apply to Australian citizens).



Jeremy

natmcg

I did wonder... Certainly makes sense. Many thanks.