SarahandOli

It's all been a bit of a whirlwind, one minute my husband and I are taking a year out and backpacking around the world, next we hang out in Malaysia while I start to look for jobs in Asia or Aus and before we have had time to research everything properly, I have been offered a job, our flights are booked and we are on our way to Sydney!!!! :scared:

I am desperately trawling through the links and DIMA website to get an understanding of some of the visa issues, but there's a couple of things I would love some input on as I am don't have a lot of time (we fly tomorrow, job was only offered Friday!) and I want to get things right.

My employer has offered to apply for sponsorship - I think this is a 457 Visa? They have asked me to fly to sydney and once in the country I will have medicals and apply for the sponsorship. I will not be starting work until everything is legal.

Questions:
1. Is it okay to apply for a 457 if arriving on an ETA. (I read somewhere that it wasn't but I don't know if I was getting a little muddled)

2. I presume my husband will automatically get a spouse visa (is that the right term)

3. Will my husband have the automatic right to work in Sydney (or does this have to be applied for seperately)?

4. Will my husband have the automatic right to set up a business (or does this have to be applied for seperately)?

5. Anything else that I should know or be doing at this stage?

Thanks

Un-Co

Hi there,

I'm not the expert on sponsorship around here but just wanted to say don't panic, I'm pretty sure you'll be fine. I know people on sponsored visas who's partners work and all is well.
Good luck with it all and enjoy the adventure. I'm sure someone with proper answers will be along soon to give you proper advice

mlbonner

Negotiating with the company to apply to sponsor you for PR once on your 457. Otherwise your visa only lasts 4 years and you'll have to get out if you can't find a way for PR.

Your husband will go on your visa as a spouse - you will just need to prove marriage/relationship.

Make sure you read this

SarahandOli

Sorry, almost forgot.

Could someone point me in the direction about the living away from home tax allowance?

Is it something I have to apply for or something that my employer does

(sorry for all the questions, I am reading all the links on here as quick as I can - but I am running out of time and still need to get packed!!!!)

SarahandOli

[QUOTE=mlbonner]Negotiating with the company to apply to sponsor you for PR once on your 457. Otherwise your visa only lasts 4 years and you'll have to get out if you can't find a way for PR.

Your husband will go on your visa as a spouse - you will just need to prove marriage/relationship.


So the 457 can only last for 4 years and then you have would have to apply for PR so stay after that time. I presume that when you have PR you can work for any employer?

Inititally the contract is only for 6 months, though it's likely to be extended to permanent - so I guess I should negotiate on that one at that point. Is there a min time limit that you have to be in aus beofre you can apply for PR - I think I saw something about 2 years?

mlbonner

[QUOTE=SarahandOli] If you have any desire to stay longer than 6months, get negotiating now. If you need help of a lawyer www.iarc.asn.au is a good place to start looking for one. Dont leave it till the last minute, a lot of people end up HAVING to go home becasue of this. If you havent already done so, read the link on the previous reply I put up - thats full of info on the 457.

jayr

457 is usually issued for an initial maximum period of 4 years, but I think may be extendable beyond that. There is no min time to be in Aus for application for PR. You are probably thinking about the 2year rule on PR before you can apply for citizenship.

LAFHA is an employer led thing. You do not apply for it and it is not a right from the ATO. Ask your employer if they will provide LAFHA - it is quite valuable in that rental payments will be from gross income. So if annual rent is $20,000 you are roughly $10,000 better off.

Sponsorship for PR is better but this may not being offered from what you have described.

SarahandOli

Wow I didn't realise that the LAFHA was worth quite so much money! - Still shocked by the 47% tax rate, so would be great to get that. Will the employer be happy to do LAFHA, ie does it cost anything to them or is it just an administration thing.

So if you have PR for two years then you can get citizenship - ah so I am a long way from getting to that stage at the moment.

SarahandOli

Just wonder if anyone knows if my husband can set up his own business - I have worked out he has the right to work , but can't see anything re setting up a business?

many thanks

jayr

Sorry, don't know about your husband's right to set up a business but I think it is OK. I am the 457 holder and tied to my sponsoring employer. My wife is allowed to work for anyone and has changed jobs a few times, she has also set up a business by getting an ABN number - haven't checked directly with the ATO or DIMIA but I'm presuming she and your husband will be OK.

LAFHA is really an admin thing, but that doesn't mean all employers do it - though it is in their interest as they could offset it to some extent by offering you a lower gross salary. LAFHA also has a 'Food and Drink Allowance" element to it which is based on number of adults/kids - I estimate it adds another $5000/p.a net (or $10,000 gross).

andrew63

I am on a 457 (3-year) and my wife started a business as soon as could. Been here since October and applying for PR (ENS) as employer is sponsoring me - this was negotiated pre-arrival. So, no problems for your hubbie there and no time limit to apply for your PR - just up to your sponsor so get negotiating!

Andrew

ABCDiamond

This page from the Australian Tax Office has some info on the LAFHA
http://www.ato.gov.au/businesses/con....htm&page=2&H2

SarahandOli

Thanks everyone.

We fly out today and I feel a lot clearer about things now, feel confident that hubby can set up own business and will discuss PR with employer in 6 months when contract is up for renewal.

Just one final thing, I have very quickly become aware that the LAFHA is very profitable, I need to confirm but I have a feeling that my employer isn't offering this.

I will try and negotiate on this, could anyone explain why an employer wouldn't want to give this allowance - is it a lot of extra admin? Does it cost them anything?

many thanks

RichS

1. you can arrive on an ETA then get a 457 - I know because we did.
2. Your husband will get a dependent visa meaning he can work for any employer he chooses, whilst you are tied to your sponsor. Employers often think they need to sponsor you, so your husband needs to be very clear on his status when interviewing as employers can be put off if they think DIMIA/paperwork will be involved.
3. As per above - he can do what he likes
4. He'll need to apply for an ABN. Courses on starting small businesses are available from local institutes.
5. If you think you'll want to stay permanently, get an undertaking from your employer that they will consider this.

Juanita

Hey there!
I'm moving to Oz on a 457 visa in a couple of months time. I need to find out more about the living away from home tax allowance.
my questions....
- is it something that you claim from your employer?
- is it something that your employer claims on your behalf? - does it make a difference if you are employed by an aussie or a non-aussie company?
And how easy is it to apply for it - can companies refuse to do it?

thanks in anticipation of any help
Juanita (confused person)