fluffball

Hi there,

I'm so sorry if this question come across as clueless - I've searched the forums without much joy and I'd really appreciate any help!

My partner has a 2 year secondment to Sydney and his employers are sponsoring him on a 457, with me as defacto.

I've had a couple of video conference interviews and my question is this.. If i am to accept a role before we leave the UK, can I also claim LAFHA? I should stress that I will remain on my partners visa as opposed to getting my own as I prefer the flexibility it offers..

I'm not trying to gain more than we are entitled to and appreciate that even if we can both claim, we couldn't claim for the same elements but I am just trying to make sure I have all the facts.

Thanks in advance!

DownUnderPaddy

LAFHA has to be negotiated as part of a contract of employment prior to commencement of employment.

Not being entitled to LAFHA due to remaining on your partners visa is the flip side of the flexibility you have opted for.

Can't have it both ways !

fluffball

thanks very much for your reply.

I'm not trying to have anything both ways at all - sorry if it comes across that way. I was just trying to be clear in what my plans are.

I understand that LAFHA needs to be negotiated as part of the t&c's of the contract.

Just asking the question as to IF this is a possibility if my potential employers agreed to it, or if there is some kind of rule in place that only one person in a couple can claim LAFHA.. just trying to understand what the options are that's all.

thanks

DownUnderPaddy

genuinely wasn't implied. More a statement about the pros/cons of electing to opt for one visa over another. Swings and roundabouts, and all that ;-)

I would imagine that the only possibility lies with your partners employer agreeing to it. As you are not the 457 holder, I would not think that your employer has any say in the matter.
A question for them at this point.

Good luck with the move !

GinaUK

No, there is no such rule. You will each do your own tax returns and you each have your own allowances. The fact that you're a couple doesn't stop you each from claiming LAFHA. It will have an effect on the amounts you can claim though. In other words, as you live together in the same house, you can't both claim the full food and accommodation allowances.

But the problem may be that you don't have your own visa. But I am not sure about that, because I am not too familiar with 457 visas and their restrictions. If being on your husband's visa means you efectively also have a 457 visa, then all should be well.

Gina

lizzy12

hi GinaUK

how did you get on with this query in the end. I see the advice wasnt that helpful, I have a job offer and they have asked me to check if they can offer me LAFHA, as I am defacto on my boyfriends 457 but he doesnt claim LAFHA

Thanks for your help

Liz

jayr

I am suprised that the non-applicant could get an offer of LAFHA, but I guess there is no reason not to.

If the primary cant get it bu a partner can then the partner should claim. I dont think there are any IMMIGRATION rules on the subject as such. If you are secondary you still ahve 457 so should be no problem.

ATO, of course, would surely not allow two sets of claims for the same expense.