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JANNIE and Amanda Klue, their eyes wide with desperation, are staring at two distinctly different futures.
One future embodies the Australian dream: running their own business, living in their own house, building community ties and watching their two children, Jan-Sari, 9, and Pieter-Nick, 6, flourish in an environment that is far removed from their homeland.
The Klues have been living that dream since migrating to the Sunshine Coast from South Africa 22 months ago.
The other future is a bleak one: a barb wire-fenced home with security cameras, guard dogs and streets deemed too unsafe for their children.
The Klues lived that nightmare in South Africa. And now they have been told they must return to it.
Having sold everything before moving to Australian on Christmas Day, 2007, the family must leave the country after their application for a state-sponsored business-owner visa has been rejected.
On Monday, the Klues learned they have until October 19 to get out of the country after they received two-week bridging visas.
In a bid to stave off deportation. Jan-Sari wrote a letter to Anna Bligh this week, in which she pleaded with the premier to help her family.
“We don’t want to leave Australia,” she wrote. 
“My mum and dad has (sic) come to Australia for my brother and my future.”
Mr Klue said on Friday that he had bought a business – Middy’s grocery store at Buderim – as required under the business-owner visa and had ticked every other box, bar one.
He said he couldn’t sufficiently prove to immigration officials that one of the two money-lending businesses he had owned in South Africa was actually his and, as a result, the family didn’t meet the visa’s minimum-assets requirement.
“I thought everything would work out,” Mr Klue said.
“I’m not a fugitive or a criminal … they will show discretion and let commonsense prevail.”
Fighting tears, Mrs Klue described the situation as “unreal”.
“It shouldn’t have come to this,” she said.
Mrs Klue said her children were well-established at Buderim Mountain Primary School and the family now considered themselves Aussies.
An immigration spokeswoman said the Klues simply didn’t meet the criteria for a state-sponsored business-owner visa, and then failed to lodge their appeal against the ruling on time.
She said applicants must show they owned and directly managed a business with a turnover of at least $300,000 for two of the past four fiscal years, or had a successful record as a senior manager.
“Entering Australia on a temporary visa does not mean you have an ongoing right to remain in Australia,” she said.
A spokesman for Ms Bligh said while immigration was a federal government matter, state officials were talking to immigration officials about the Klues’ case.
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Migration agents operating in Australia are required by law to be registered with the Office of the Migration Agents Registration Authority (Office of the MARA).

Office of the Migration Agents Registration Authority (Office of the MARA)

Prior to 1 July 2009, the MIA acted as the MARA under a Deed of Agreement between the MIA and the department. The 2007-08 Review of Statutory Self-Regulation of the Migration Advice Profession, which was undertaken to assess the effectiveness of the regulatory scheme, recommended that the government consider establishing a regulatory body separate from the MIA.

In response to the review recommendation, the Minister announced the establishment of the Office of the MARA as a discrete office attached to the department and headed by a specifically designated senior officer solely responsible for Office of the MARA activities. The new body is located in Sydney and assumed functions from the MIA from 1 July 2009.

The Office of the MARA is supported by a representative advisory board, which includes a nominee from the MIA, a nominee from the Law Council of Australia, a consumer advocate and a community representative.

The Office of the MARA undertakes a range of functions including:

  • processing registration and re-registration applications
  • administering the profession’s entrance exam and continuing professional development program
  • monitoring the conduct of registered migration agents
  • investigating complaints about registered migration agents
  • taking appropriate disciplinary action against registered migration agents who breach the migration agents Code of Conduct or otherwise behave in an unprofessional or unethical way.

See: Office of the MARA website

Source  :  http://www.immi.gov.au/gateways/agents/regulation-of-advice-profession.htm

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Effective from 1 July, people moving to Australia on a temporary skilled work visa will be entitled to a higher minimum salary.      aus_money1

The minimum salary that must be paid by Australian employers taking on foreign workers holding a temporary skilled work visa (457 Subclass visa) has increased by 4.1 per cent. The increase brings the minimum salary in line with the rise average wages since the previous wages review of August last year. The 457 Subclass visa entitles Australia immigration workers for a period of between three months and four years.

In addition to the changes in minimum salaries, the English language ability standards for trades people moving to Australian were also adjusted on 1 July. Previously, trades people were required to demonstrate a ‘vocational’ level of English. Under the new regulations, they must be able to demonstrate a ‘competent’ level of English. This brings the trades, such as carpentry, bricklaying and cookery to the same level in terms of English requirements as the other occupations listed as ‘in demand’ by the Australian immigration authorities.

The Skilled Occupations List includes all the occupations that are suffering skills shortages in Australia. Trades included in this list include a wide variety of professions e.g. fitters, hairdressers, cabinetmakers, landscape gardeners, electricians and locksmiths.

Source  :  www.globalvisas.com

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From 1 July 2009, there will be changes to how certain types of income affect eligibility for the CSHC. Depending on your circumstances, these changes may impact on your eligibility for a CSHC and you may be required to provide additional information about your income to Centrelink.

The adjusted taxable income test for CSHC will include:

  • assessment of total net investment losses. Total net investment losses are the sum of net losses from rental property income and net losses from financial investment income, and
  • subject to the passage of legislation, reportable superannuation contributions may be included in the adjusted taxable income test for CSHC. Reportable superannuation contributions are discretionary or voluntary contributions, for example salary sacrifice contribution and personal deductible contributions. 

Note: losses from rental properties are already included in assessable income for CSHC. From 1 July 2009, the adjustable taxable income test will also include losses from.

Source  :  http://www.centrelink.com.au/internet/internet.nsf/payments/conc_cards_cshc.htm

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The Education Tax Refund (ETR) is a new government initiative to help with the cost of educating primary and secondary school children. It means eligible parents,tax refund carers, legal guardians and independent students could get 50% back on some education expenses. This includes items like computers, educational software, textbooks and stationery.

Most people are eligible for the ETR because they receive Family Tax Benefit (FTB) Part A. However, there are some payments that prevent you from receiving FTB Part A, but which still entitle you to receive the refund. You can also claim the refund if you are an independent student.

You can claim the ETR each financial year for children in primary and/or secondary school, or if you are an independent student. You will be able to claim the refund from 1 July 2009 for the 2008/09 financial year. This means you can claim for items purchased from 1 July 2008. Remember to keep your receipts as they will help you calculate your entitlement and you may be required to produce them as proof of purchase.

You can claim the ETR even if you are not required to lodge a tax return.

For more information, see  http://www.educationtaxrefund.gov.au/about-the-ETR/

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In a welcome move, the Australian Government has said it will legislate to extend the validity period of subclass 410 Retirement visas to 10 years, and remove the working restriction on these visas.

Subclass 410 Retirement visas ceased to be available to new applicants at the end of June 2005, but there are nevertheless some 8,700 410 visaholders in Australia at the moment.

The 410 visa is a long term temporary residency visa, with an initial validity period of 4 years. Initially renewals of this visa were required every 2 years, and there was a no work condition attaching.

Work rights were relaxed in 2003, and relaxations to the health requirements upon renewal of 410 visas were announced later that year.

In 2005 the rollover period for 410 visas was extended from 2 years to 4 years.

Successive Immigration Ministers appear to be sympathetic to the position in which Retirement visaholders find themselves. Many 410 visaholders are now long standing members of Australian communities, and granting permanent residency is a natural next step – the present Minister appears willing to listen to representatives of the 410 cohort, and in extending the renewal period to 10 years is (we would submit) providing quasi-permanent residency to affected individuals.

Full access to Medicare appears to be the main issue with this visa category, together with an ongoing requirement to maintain private health insurance.Indeed, with temporary visaholders being able to structure their personal tax affairs such that overseas source income (including UK source pensions) are not subject to tax in Australia, some would contend that 410 visaholders are in a good place visa and tax wise.If you are a subclass 410 visaholder and would like to discuss your personal tax and financial position please contact us at our Perth or Geelong office. Go Matilda Accounting and Tax is one of the few firms of advisors that have consultants with knowledge across the UK and Australian jurisdictions, and are therefore ideally placed to assist with the preparation and lodgment of UK and Australian Tax Returns, and to provide strategic advice on personal tax planning.

We also recommend that Retirement visaholders visit the internet discussion group that lobbies for the interests of individuals holding subclass 410 visas – British Expat Retirees In Australia, or BERIA: see the weblink below.

  http://groups.yahoo.com/group/BERIA/  Source : www.gomatilda.com 

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