[Aussiesponsor]

Greetings members!

This forum has been a valuable source of information to me so far, so a quick thanks to all mods and users.

My question regards the sponsors application section for my fiance's PMV 300 offshore application (Hong Kong for anyone interested). I have searched for posts relevant but have not found any yet.

I've been a self employed sole trader/contractor working offshore for the past 2 years. I've been a bit naughty and neglected my tax returns for this time but after learning about the government debt question i have reached out to an accountant to begin putting my tax in order to 'arrange to make payments' so i can satisfy this part (Please tell me ive done the right thing! i hope this will be enough to pass that question)

What else should i expect to be asked or have to prove in the online application regarding my employment, income or finances?
Am i right to believe there are no real financial requisites to be a sponsor for a PMV300?
i just want an idea of what will be asked of me regarding employment or income and how to put my best foot forward on the sponsors section

any information i can get will no doubt get me better prepared for when my fiance hits the submit application button.

Any answers or advice are greatly appreciated,
like most i find the whole process a bit scary and quite stressful!

Thanks in advance to any who can answer my questions

 

[aussiesteve]

Currently , there is no income test for a sponsor.

 

[ampk]

Currently you have no debt with the Commonwealth. You may or may not after you do your tax returns, if you do enter into a payment plan.

Finances is all about how you and your fiancé deal with the money you have or in many PMV's how you plan to use the money you both have.

 

[Aussiesponsor]

Currently , there is no income test for a sponsor.

Noted thanks, so i guess il relax about being asked any income or employment questions!

Currently you have no debt with the Commonwealth. You may or may not after you do your tax returns, if you do enter into a payment plan.

Finances is all about how you and your fiancé deal with the money you have or in many PMV's how you plan to use the money you both have.

Understood,
So say i still want to do the right thing and put forward my assesment to the ATO and go into a payment plan, is this considered a debt even though ive 'made arrangements to pay'?
Would that really jeopardize my chances of a successful application?

I guess the alternative would be to not submit my assesment until after the visa is processed if paying off your tax in installments is not going to be a good look for my sponsorship

I feel like i should also ask, i have alot of travel history for the past 5 years,
atleast 30 flights to about 5 different countries (work) and i feel daunted to have to gather every date ive ever been anywhere.
Will i be asked to give all information as to where ive travelled?
And if i was travelling, and spent a period of 12 months or more total, should i answer this?
I feel like the follow up question 'last permenant address in that country' is more for people who've resided in the country, unlike someone who continually flys in and flys out staying in hotels but has done this so often that they amass 12 months or more in time spent there.

 

[ampk]

I can not remember the wording on the debt but from memory you answer you don't have a debt as a payment plan is then considered more a "loan" from the government - similar to student loans. Just look it up its mentioned some place (or was) and is pretty clear. Some of the other members are pretty good on government stuff including taxation.

Just curious has any taxes been taken out of your pay in other countries or Australia?

Sorry but very sure you need to list all your travels, I recall I needed to and I also had a bunch of countries. The dates I could not exactly work out I made them the 1st of the month (even this was a guess at times) and the year, I then uploaded a cover letter to the Case Officer and explained that I did not have exact recollection are evidence of the visits and the entries on the 1st of each month listed were my best guess.

I have since heard you can get your travel history from immigration, but I expect this only gives your exit and entry dates from Australia. I lived in Africa for around 8 years so that would not have helped me much. Being in aviation many of my trips were not recorded in the African countries when it was work related - you simple walk thru the crew gate and show that you have a passport and airport security card as you walk by.

If you have in total stayed in a country for more than 12 months in the last year, you need to list that and will require a police clearance from that country (pretty sure all sponsors need a PC now). At the time of our application I did not list Botswana as a country I lived in for more than 12 months in the last 10 years, I did live there for around 8 years but only 10 months of it was in the last 10 years. Probably not the right thing to do, but trying to get a police clearance from there lead to the creative way of interpretation requirement.

 

[Aussiesponsor]

I can not remember the wording on the debt but from memory you answer you don't have a debt as a payment plan is then considered more a "loan" from the government - similar to student loans. Just look it up its mentioned some place (or was) and is pretty clear. Some of the other members are pretty good on government stuff including taxation.

Okay understood, guess if its not going to be a mitigating factor to the denial of the application its up to me how i want to handle it

Just curious has any taxes been taken out of your pay in other countries or Australia?

Only an australian resident for tax purposes, working using an ABN, paid into my aus bank account and i am responsible to pay my own tax for any wages i am paid.
I do not pay taxes in any of the countries ive worked in,
fly in fly out contracts under the radar of the local countries laws (*ahem*enter as tourists*ahem*)

Sorry but very sure you need to list all your travels, I recall I needed to and I also had a bunch of countries. The dates I could not exactly work out I made them the 1st of the month (even this was a guess at times) and the year, I then uploaded a cover letter to the Case Officer and explained that I did not have exact recollection are evidence of the visits and the entries on the 1st of each month listed were my best guess.

I have since heard you can get your travel history from immigration, but I expect this only gives your exit and entry dates from Australia. I lived in Africa for around 8 years so that would not have helped me much. Being in aviation many of my trips were not recorded in the African countries when it was work related - you simple walk thru the crew gate and show that you have a passport and airport security card as you walk by.

If you have in total stayed in a country for more than 12 months in the last year, you need to list that and will require a police clearance from that country (pretty sure all sponsors need a PC now). At the time of our application I did not list Botswana as a country I lived in for more than 12 months in the last 10 years, I did live there for around 8 years but only 10 months of it was in the last 10 years. Probably not the right thing to do, but trying to get a police clearance from there lead to the creative way of interpretation requirement.

Wow this will definitely be a hold up i think, already applied for my AFP and now il have 2 other countries they may ask for? Is that a definite or can the C/O use discretion? I worry that it will be quite difficult for a 'tourist' to acquire police certs from those places.
Guessing i should check with the local laws of the respective countries?

Thanks for taking the time to answer my questions by the way

 

[ampk]

When we did the application sponsors of an applicant with children require police clearances, so I was required to. But I am sure that now all sponsors need them - part of a clamp down on Domestic Violence.

If you have paid your tax, you probably wont have a debt (you might get a fine for late lodgement but they often waive that if you are proactive on fixing the error).

Working under ABN's is very hot at the moment, particularly if through Labour Hire Firms. If your using the ABN then it appears you are paid by an Australian company and paid as an Independent Contractor. If you look up the "Independent Contractor or Employee" decision tool on the ATO web site, there is a very great chance you will find you are an Employee for tax and supa purposes. The penalties for the companies for this can be pretty steep around $50k per offence. It also leads to Payroll Tax evasion. Luckily for you there is no penalty so to speak but the ATO can cancel your ABN.

The short quick fix for this is to open a company and trade under a ACN not a ABN. A bit more to it than that, but have a chat to your accountant about it.

A extract from a email I got this week.

your industry is one where labour hire providers appear to be engaging in sham contracting in order to avoid their obligations, such as their payroll tax requirements, to workers. Through its own investigations, the Government has become aware of many workplaces like yours.

 

[Aussiesponsor]

When we did the application sponsors of an applicant with children require police clearances, so I was required to. But I am sure that now all sponsors need them - part of a clamp down on Domestic Violence.

My fiance is pregnant with our first child, but will not put them in the application as they are not born yet and instead i plan to apply for citizenship by descent for them once my fiance, pending visa acceptance, arrives on australian soil

If you have paid your tax, you probably wont have a debt (you might get a fine for late lodgement but they often waive that if you are proactive on fixing the error).

Gotcha, i guess il talk to the accountant and see what my options are for payment im fairly sure i can go into a payment plan, i believe it can be 10% of amount owed upfront with weekly/fornightly/monthly installments

correct me if im wrong here

Working under ABN's is very hot at the moment, particularly if through Labour Hire Firms. If your using the ABN then it appears you are paid by an Australian company and paid as an Independent Contractor. If you look up the "Independent Contractor or Employee" decision tool on the ATO web site, there is a very great chance you will find you are an Employee for tax and supa purposes. The penalties for the companies for this can be pretty steep around $50k per offence. It also leads to Payroll Tax evasion. Luckily for you there is no penalty so to speak but the ATO can cancel your ABN.

The short quick fix for this is to open a company and trade under a ACN not a ABN. A bit more to it than that, but have a chat to your accountant about it.

A extract from a email I got this week.

your industry is one where labour hire providers appear to be engaging in sham contracting in order to avoid their obligations, such as their payroll tax requirements, to workers. Through its own investigations, the Government has become aware of many workplaces like yours.

Funny you mention this as the company emailed me a few weeks ago that we should make sure our taxes are in order as theyve just had an assesment done by ATO or something like that, mustve went through the same thing,
i believe the company skirts this by paying us through a trust? unsure but they definitely do what you've mentioned in the above as ive been employed by them and only them for the past 3 years while on an ABN and i think for all purposes they definitely do this to avoid paying super and other things, im probably getting fucked right? Serves me right for not looking into it earlier i guess

 

[Skybluebrewer]

FYI, if you're waiting for the child to do citizenship by descent until they arrive in Australia, then they will need a passport and a visa to get here. The other option is to do citizenship by descent while they are still there, then get an Aussie passport to enter Australia on.

Just things to keep in mind so you can start researching those processes now.

 

[Skybluebrewer]

Do you qualify for de facto at all? If your partner meets the requirements for either a 309/100 or 820/801 (both de facto/spouse visas), then there's no point in going the 300 route as it adds an extra step and additional cost.

Plus the benefit is, if she can get onshore without a NFS condition, she can apply onshore for a partner visa and remain onshore until a decision is made on the visa. She's also eligible for Medicare once either the 309/100 or 820/801 application has been made. And delivering the baby in Australia, no need to go through the citizenship by descent as it will automatically be a citizen.

Of course, not everyone meets the requirements for de facto. If you don't, then the 300 is the best route for you.

 

[Aussiesponsor]

FYI, if you're waiting for the child to do citizenship by descent until they arrive in Australia, then they will need a passport and a visa to get here. The other option is to do citizenship by descent while they are still there, then get an Aussie passport to enter Australia on.

Just things to keep in mind so you can start researching those processes now.

Thanks for your input!

The baby will remain in its birth country, until roughly 3 or so months after it is born to allow mum to resign after maternity leave and i would assume while we probably still wait for a decision on her PMV300 outome, potentially applying for a visitor subclass 600 visa if things really drag on after 3 months post birth
We are yet to submit but we are at the end of the stage 1 application with all questions answered and are just holding off until we've got all the evidence we want to present and until i could find out info about my potential tax issues, id say we have 90% evidence so far so maybe in a few days from now

We'd planned in that 3 months to get the baby a passport in its birth country hong kong, apply for aus visa for him and fly to australia and then when on australian soil i apply to get the child a citizenship by descent and then get its australian passport.

Is that do'able? or am i going to mess this up? Id not considered the fact it will have to be approved for a visa, whats my best option here?

 

[Aussiesponsor]

Do you qualify for de facto at all? If your partner meets the requirements for either a 309/100 or 820/801 (both de facto/spouse visas), then there's no point in going the 300 route as it adds an extra step and additional cost.

Plus the benefit is, if she can get onshore without a NFS condition, she can apply onshore for a partner visa and remain onshore until a decision is made on the visa. She's also eligible for Medicare once either the 309/100 or 820/801 application has been made. And delivering the baby in Australia, no need to go through the citizenship by descent as it will automatically be a citizen.

Of course, not everyone meets the requirements for de facto. If you don't, then the 300 is the best route for you.

Good question, one i have definitely considered myself

Unfortunately because of my unique work arrangements and the fact that i only 'stay' (really live) with her at 'her' (really our) apartment i am not putting forward any information that we have lived together for the fear of coming undone due to it being a somewhat unlawful or walking a very fine line of legality (continually doing visa runs to leave said country and coming back in)

Although our evidence is really quite strong, our financials are muddled by the fact that i am contracting overseas and not playing by the rules here per se (I am really concerned with the aus consulate sharing information with the country my partner will apply in, which if they did, may stop me from ever being allowed back in, am i crazy to think this would happen?)

I do appear on 2 sets of bills for the apartment, but we usually only pay bills by cash and i am not willing to submit my bank statements as again i feel like it would cause me more problems than good.

As for delivering the baby in Australia, she'd wanted to stay in her country for a few reasons
1. we didnt think she would be applicable for medicare so quickly therefore we wouldnt get it in time for the birth, due in 3 months, if we went down the defacto path
2. She will go on maternity leave at some point and will then have to go back to work to resign otherwise she will have to pay a months salary in backpay.
3. Most importantly i think she'll want support from her mum and family during post birth atleast for the first 3 months, i dont blame her id want my family with me too if i were in her shoes. I'l be busy working so i dont like the idea of leaving her alone during the days etc..

 

[ampk]

I would get the child a local passport and apply for Citizenship By Descent asap, it is not expensive and can be very fast.

I don't know on payment plans for individuals but I expect it is the same as for companies.

I often used my tax payments to grow my company (it worked out as a tax free loan) we certainly never had a 10% figure to start, They would say ok you owe $100,000 we want $20,000 a month. We would say no can not afford that we will go broke. Then it was always what can you afford and we would reply maybe $10,000 but to be safe $8,000. They would generally agree at this point and ask the date of first payment - we would always make it a date the following month around 6 weeks after the date we are currently on.

They insist you make all tax payments during this time on time and don't default.

We probably did this 7 or 8 times and never once did we get a penalty or interest on the owed amount, we did get a nasty person on a few occasions but simply had an emergency to deal with and needed to call back - you get a new person and start your negotiations again.

 

[ampk]

If I were you I would get a independent accountant that specializes in offshore employment.

In my opinion what extra they will cost you will make up in what you will save in tax to be paid, they also will deal with your payment plan.

 

[Aussiesponsor]

If I were you I would get a independent accountant that specializes in offshore employment.

In my opinion what extra they will cost you will make up in what you will save in tax to be paid, they also will deal with your payment plan.

Okay I will take your advice and find a specialist,

Thank you!

 

[ampk]

Kong Hong has a good per diems allowance and I guess accommodation allowance, that might save your bacon if that is where your working from.

 

[Aussiesponsor]

Kong Hong has a good per diems allowance and I guess accommodation allowance, that might save your bacon if that is where your working from.

okay good to know,
i only visit hong kong to be with my partner but il look into the options for the countries i contract in.
thanks for the advice

If my employer does owe me super is there any way i c

 

[Aussiesponsor]

*is there anyway i can go about claiming it without the possiblity of burning bridges with them? i guess i can only ask but doubt itll go well if i make a fuss

 

[ampk]

Supa can be a bit tricky.

If a person is paid an award amount, then generally supa is paid in addition to that amount. Were the payment received is above an award then the supa can be included in that payment amount.

So your employer could have the position that your payment is inclusive of supa and as a contractor you are required & responsible to pay your own supa. (I would not like to be taking this position to the Fair Work Ombudsman as I don't think it holds water).

Generally once the bridge is on fire claims for supa are made.

 

[Margo9]

What else should i expect to be asked or have to prove in the online application regarding my employment, income or finances?
Am i right to believe there are no real financial requisites to be a sponsor for a PMV300?
i just want an idea of what will be asked of me regarding employment or income and how to put my best foot forward on the sponsors section

Hello, the following is from the partner migration booklet page 18:If your partner applies for and is granted a Partner visa, as sponsor you agree to provide adequate accommodation and financial assistance as required to meet your partner's reasonable living needs. If your partner is applying outside Australia, this assistance would cover their first 2 years in Australia. If your partner is applying in Australia, this assistance would cover the 2 years following the grant of their temporary Partner visa.

Hope that shed some light