SIR visa Questions

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Old Aug 9th 2004, 10:16 am
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Default SIR visa Questions

Hi All,

I just have few quick questions that someone may be able to help me out on. We have got sposorsed by SA and are just checking any issues that may be a problem with Sir visa.

1. What rate of tax do you pay on this visa, in other words are you taxed at a higher level the PR's?

2. Are there complications when buying a house due to non PR status?

3. To apply for the PR visa after two years you need to have worked for 12 months out of two years, does this have to be in your approved profession, and does it have to be the primary application, or could my partner fulfill this criteria

Thank you for your help in advance

Finally a general question and one that is the hardest one to answer.......I am very close to my family and this is currently the biggest barrier in leaving........I believe and would love it living in oz and having been trying for a long time to find an avenue in ......otherwise wouldnt be thinking of SIR, are there other people out there that are very close to there family and making the move, everyone that I know that has gone, are not that close to their families!!
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Old Aug 9th 2004, 10:27 am
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Default Re: SIR visa Questions

Hi Barbs
Firstly congrats on getting sponsorship from SA. As far as I have been told the criteria is to work for 12 months and can be in any occupation.
An earlier post asked about buying a house and not quite sure what the answer to SIR was but I know someone replied who was on a temp working visa and they were able to buy a house.

We are waiting for TRA assessment to come back before apply to SA for SIR.
How long did it take from sending in the forms and receiving an answer from SA?
Also what trade did you apply under?
Thanks

Graham

Originally Posted by barbs
Hi All,

I just have few quick questions that someone may be able to help me out on. We have got sposorsed by SA and are just checking any issues that may be a problem with Sir visa.

1. What rate of tax do you pay on this visa, in other words are you taxed at a higher level the PR's?

2. Are there complications when buying a house due to non PR status?

3. To apply for the PR visa after two years you need to have worked for 12 months out of two years, does this have to be in your approved profession, and does it have to be the primary application, or could my partner fulfill this criteria

Thank you for your help in advance

Finally a general question and one that is the hardest one to answer.......I am very close to my family and this is currently the biggest barrier in leaving........I believe and would love it living in oz and having been trying for a long time to find an avenue in ......otherwise wouldnt be thinking of SIR, are there other people out there that are very close to there family and making the move, everyone that I know that has gone, are not that close to their families!!
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Old Aug 9th 2004, 12:20 pm
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Default Re: SIR visa Questions

As far as I understand it you can only buy a newly built house not a second hand one. But maybe someone could clarify that. I didn't think you would be taxed differently.

I am afraid I can't help with the family situation because we are not close at all. Sorry but I am sure there are plenty of people who go and have close family ties.

Last edited by simbacat; Aug 9th 2004 at 12:35 pm.
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Old Aug 10th 2004, 12:03 am
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Default Re: SIR visa Questions

Originally Posted by barbs
Hi All,

I just have few quick questions that someone may be able to help me out on. We have got sposorsed by SA and are just checking any issues that may be a problem with Sir visa.

1. What rate of tax do you pay on this visa, in other words are you taxed at a higher level the PR's?
Same as if you had PR or Australian citizenship, except that there might be a few concessions available on things like Foreign Investment Funds. Get professional advice.

2. Are there complications when buying a house due to non PR status?
Quite possibly - check http://www.firb.gov.au

3. To apply for the PR visa after two years you need to have worked for 12 months out of two years, does this have to be in your approved profession, and does it have to be the primary application, or could my partner fulfill this criteria
You need to understand that there are *two* sets of criteria for PR.

The DIMIA criteria are fairly flexible - or it least it so appears, although we expect some drafting errors to have been corrected in the Regulations in the next year or so.

The key issue on which there is *not* yet clarity is what criteria the States will adopt to sponsor SIR holders for PR, even if they have 'done the right thing' to live in the sponsoring state.

For example, it's going to be hard for many SIR holders to get skilled occupations in regional Australia. If an accountant is working as a bank teller (for example - not a skilled occupation) will the State government still be interested in sponsoring for PR? Who knows?

A point to consider is that even if you have work rights on your visa, many Australian employers don't want to hire people who don't have PR, especially for higher level jobs. Those on the temporary spouse visa have reported problems with this.

The eventual state criteria for PR are an even bigger risk for those people planning on using the SIR visa to live in regional NSW or Queensland where until now there is *no* track record of sponsoring individuals for migration.

Jeremy

Last edited by JAJ; Aug 10th 2004 at 12:06 am.
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Old Aug 10th 2004, 10:46 am
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Default Re: SIR visa Questions

Originally Posted by Gravyman
Hi Barbs
Firstly congrats on getting sponsorship from SA. As far as I have been told the criteria is to work for 12 months and can be in any occupation.
An earlier post asked about buying a house and not quite sure what the answer to SIR was but I know someone replied who was on a temp working visa and they were able to buy a house.

We are waiting for TRA assessment to come back before apply to SA for SIR.
How long did it take from sending in the forms and receiving an answer from SA?
Also what trade did you apply under?
Thanks

Graham
Hi Graham,

I have positive skills assesment as marketing specialist and my patner is engineering technician. We sent of the forms to SA and got them back one week later stamped........very fast, this was about a month ago.......not sure if its slowed down since then, you could go ahead and do this as it costs nothing
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Old Aug 10th 2004, 10:52 am
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Default Re: SIR visa Questions

Hi Barbs
Thanks for the reply.
we can't apply just yet as we need the skills assessment before we can send off the forms.
Hopefully we will have them very, very soon.
Lets hope when we do send off the forms we get a quick answer.

Have you sent off your visa app yet to DIMIA? They have said it will be priority processing so it couls take as little as 3 months to be granted.

Good luck with it all and I'll let you know how I get on.

Graham
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Old Aug 10th 2004, 10:55 am
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Default Re: SIR visa Questions

Originally Posted by JAJ
Same as if you had PR or Australian citizenship, except that there might be a few concessions available on things like Foreign Investment Funds. Get professional advice.



Quite possibly - check http://www.firb.gov.au



You need to understand that there are *two* sets of criteria for PR.

The DIMIA criteria are fairly flexible - or it least it so appears, although we expect some drafting errors to have been corrected in the Regulations in the next year or so.

The key issue on which there is *not* yet clarity is what criteria the States will adopt to sponsor SIR holders for PR, even if they have 'done the right thing' to live in the sponsoring state.

For example, it's going to be hard for many SIR holders to get skilled occupations in regional Australia. If an accountant is working as a bank teller (for example - not a skilled occupation) will the State government still be interested in sponsoring for PR? Who knows?

A point to consider is that even if you have work rights on your visa, many Australian employers don't want to hire people who don't have PR, especially for higher level jobs. Those on the temporary spouse visa have reported problems with this.

The eventual state criteria for PR are an even bigger risk for those people planning on using the SIR visa to live in regional NSW or Queensland where until now there is *no* track record of sponsoring individuals for migration.

Jeremy
Hi Jeremy,

my understanding was that for SA at least that after two years on the SIR visa and once you meet the 1 out of 2 years work experience you can apply for the PR visa, and that getting this PR visa would be easier than normal

A big question that I have is that although I am the primary applicant (marketing specialist) my partner is much more likely to get a job (Engineering Technician) and would therefore be more likely to meet the 1 out of 2 years work experience, although he is not the primary applicant would this meet the requirements for applying for PR visa after the SIR visa?
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Old Aug 10th 2004, 10:57 am
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Default Re: SIR visa Questions

Originally Posted by Gravyman
Hi Barbs
Thanks for the reply.
we can't apply just yet as we need the skills assessment before we can send off the forms.
Hopefully we will have them very, very soon.
Lets hope when we do send off the forms we get a quick answer.

Have you sent off your visa app yet to DIMIA? They have said it will be priority processing so it couls take as little as 3 months to be granted.

Good luck with it all and I'll let you know how I get on.

Graham
Hi Graham,

no we havnt sent off our Dima application yet, we have not made a final decision whether to go for it or not, we have set this weekend as decision time, going home to talk to my parents etc... We are also worried about all the loop holes and ambiguitities around the SIR visa. You are planning to go to Adelaide also?
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Old Aug 10th 2004, 11:15 am
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Default Re: SIR visa Questions

Originally Posted by barbs
Hi Graham,

no we havnt sent off our Dima application yet, we have not made a final decision whether to go for it or not, we have set this weekend as decision time, going home to talk to my parents etc... We are also worried about all the loop holes and ambiguitities around the SIR visa. You are planning to go to Adelaide also?

Hi Barbs
Yes we do plan to go to Adelaide.
We had originally looked at Brisbane or Perth but we missed out when the points went up.
SIR is our only way in to Oz and although we realise the short commings etc of the SIR we are willing to take the risk.

Graham
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Old Aug 10th 2004, 11:22 am
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Default Re: SIR visa Questions

Originally Posted by Gravyman
Hi Barbs
Yes we do plan to go to Adelaide.
We had originally looked at Brisbane or Perth but we missed out when the points went up.
SIR is our only way in to Oz and although we realise the short commings etc of the SIR we are willing to take the risk.

Graham
we were planning on perth also but got stung with the points rise also, we visited adelaide but only spent a day there so really got no feel for it, I think it might be lovely though
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Old Aug 10th 2004, 11:56 am
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Default Re: SIR visa Questions

Originally Posted by Barbs
2. Are there complications when buying a house due to non PR status?
I emailed FIRB as I was wondering this myself for SIR to Adelaide,

Here is the reply they sent me. Hope it helps.



As temporary residentsyou will require approval from the Foreign Investment Review Board to acquire residential real estate in Australia.

In regards to purchasing residential real estate foreign persons are
required to obtain foreign investment approval to purchase any
residential real estate in Australia.

Non-residents or temporary residents are able to purchase new property
from a developer/vendor or vacant land for development. If they purchase
vacant land for development they would need to commence continuous
construction within 12 months of obtaining foreign investment approval.

There are no restrictions on ownership for new dwellings or vacant land
developments, as such, they can rent the property or sell it if desired.
Vacant land can not be sold without development.

If they are the holder of a valid temporary resident visa which has more
than 12 months to run at the time they apply to FIRB, then they are
eligible to purchase second-hand (previously owned) property. The
property must be their principal place of residence they can not rent or
lease the property and they would have to sell the property if they no
longer resided in Australia. Please note that visitors and bridging
visas are not eligible visas to purchase second-hand property.

They would not lodge an application for foreign investment approval
until they have located the property they are interested in purchasing,
application forms R2 and Statutory Notice under S26A, (available from
www.firb.gov.au). If they wish to enter into a contract of sale for a
property it must be conditional on obtaining foreign investment
approval.
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Old Aug 10th 2004, 7:37 pm
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Default Re: SIR visa Questions

Originally Posted by JimandKay
I emailed FIRB as I was wondering this myself for SIR to Adelaide,

Here is the reply they sent me. Hope it helps.



As temporary residentsyou will require approval from the Foreign Investment Review Board to acquire residential real estate in Australia.

In regards to purchasing residential real estate foreign persons are
required to obtain foreign investment approval to purchase any
residential real estate in Australia.

Non-residents or temporary residents are able to purchase new property
from a developer/vendor or vacant land for development. If they purchase
vacant land for development they would need to commence continuous
construction within 12 months of obtaining foreign investment approval.

There are no restrictions on ownership for new dwellings or vacant land
developments, as such, they can rent the property or sell it if desired.
Vacant land can not be sold without development.

If they are the holder of a valid temporary resident visa which has more
than 12 months to run at the time they apply to FIRB, then they are
eligible to purchase second-hand (previously owned) property. The
property must be their principal place of residence they can not rent or
lease the property and they would have to sell the property if they no
longer resided in Australia. Please note that visitors and bridging
visas are not eligible visas to purchase second-hand property.

They would not lodge an application for foreign investment approval
until they have located the property they are interested in purchasing,
application forms R2 and Statutory Notice under S26A, (available from
www.firb.gov.au). If they wish to enter into a contract of sale for a
property it must be conditional on obtaining foreign investment
approval.
Thanks for your help much appreciated
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Old Aug 18th 2004, 12:43 pm
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Default Re: SIR visa Questions

Originally Posted by Gravyman
Hi Barbs
Yes we do plan to go to Adelaide.
We had originally looked at Brisbane or Perth but we missed out when the points went up.
SIR is our only way in to Oz and although we realise the short commings etc of the SIR we are willing to take the risk.

Graham
Hi

I have sent off the 47SK today on the SIR visa, in which I got accepted last week. We have chosen to go to Adelaide also. I rang the SA government one early morning, to find out time scales, and he said that it could be 1 to 6 months. My problem is that I have a 19 year old who wants to come over with us as a student, so we are trying to work it out that we all go at the same time. Does anyone know if you can go from a working visa then change while in oz to a student visa?

Sue
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Old Aug 19th 2004, 12:51 am
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Default Re: SIR visa Questions

Originally Posted by suelink
Hi

I have sent off the 47SK today on the SIR visa, in which I got accepted last week. We have chosen to go to Adelaide also. I rang the SA government one early morning, to find out time scales, and he said that it could be 1 to 6 months. My problem is that I have a 19 year old who wants to come over with us as a student, so we are trying to work it out that we all go at the same time. Does anyone know if you can go from a working visa then change while in oz to a student visa?

Sue

Is your 19yo dependent on you? If so, why did you not include him/her on your SIR application, assuming he or she is ok to live in regional Australia?

Jeremy
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Old Aug 19th 2004, 7:09 am
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Default Re: SIR visa Questions

Originally Posted by JAJ
Is your 19yo dependent on you? If so, why did you not include him/her on your SIR application, assuming he or she is ok to live in regional Australia?

Jeremy
Because my agent told me we had to prove he was in full time education. He finished College in June and couldnt get onto the course he wanted. I do think this is stupid as he is and has always been completely independant on us.
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