Australian Partner Visa

[bridge]

Below is a post found on another migration forum. Apparently the sponsor (Oz Citizen) was claiming a tax benefit for a non-existent spouse in Australia. When the partner visa application was lodged, DIAC cross referenced with the ATO and discovered the anomaly. Another post on the forum refers to the case officer telling the applicant that DIAC are investigating 50 - 60 similar cases.

"My name is nancy and I am an Indian citizen and got married in Feb 2010. My husband is an Australian citizen. We lodged Spoue Visa 309 application on 16th March 2010 in Delhi and got the case officer on 7th April, submitted all the remaining documents, with police cleareance, medicals and passport by 4th June 2010. My visa officer forwarded the file for final chk on 23rd June and on 26th July my husband got a call for an interview. It was all related to the Tax returns that he had filed. In the assessment year 2007-2008 he claimed the dependent's expenses as suggested by some accountant by giving just a random name of the dependent (which was all done in ignorance and purely for tax savings as i know many people do that in australia) and from the time we got engaged tht was in end of year 2008 he claimed expeneses on my name. Now the problem here is that the visa officer asked us for the explaination and some proofs as to why the dependents name differ and if my husband was un-married at time of our marriage.

we are in process of arranging all of wht the visa officer has asked for but i m really tensed abt it. could any one please suggest as to how to go abt it. its been 5 and a half months we hve applied for visa now...i m really nervous. please help"

[xen]

It was all related to the Tax returns that he had filed. In the assessment year 2007-2008 he claimed the dependent's expenses as suggested by some accountant by giving just a random name of the dependent (which was all done in ignorance and purely for tax savings as i know many people do that in australia) and from the time we got engaged tht was in end of year 2008 he claimed expeneses on my name

Interesting situation which will no doubt impact on all of us who are trying to do a partner visa honestly. I have never heard off being able to claim dependant 's expenses this way and it reeks of pure dishonesty to me rather than stretching taxation law to a permissable and legal limit. Sorry, I have no sympathy for people like this who make it hard for all of us who try to do the right and ethical thing.

Edited April 30, 2011 by xen

[bridge]

It was all related to the Tax returns that he had filed. In the assessment year 2007-2008 he claimed the dependent's expenses as suggested by some accountant by giving just a random name of the dependent (which was all done in ignorance and purely for tax savings as i know many people do that in australia) and from the time we got engaged tht was in end of year 2008 he claimed expeneses on my name

Interesting situation which will no doubt impact on all of us who are trying to do a partner visa honestly. I have never heard off being able to claim dependant 's expenses this way and it reeks of pure dishonesty to me rather than stretching taxation law to a permissable and legal limit. Sorry, I have no sympathy for people like this who make it hard for all of us who try to do the right and ethical thing.

I agree with your sentiments.

The tax benefit is:

For the 2009-10 income year, you will be eligible to claim a dependent spouse offset if all of the following apply:

• your adjusted taxable income was $150,000 or less
  
• your spouse's adjusted taxable income for the year was less than $9,254
  
• you met all the following conditions:
  
• you maintained your spouse
  
• your spouse was an Australian resident
  
• you were an Australian resident
  

[gburns57au]

I agree with your sentiments.

The tax benefit is:

For the 2009-10 income year, you will be eligible to claim a dependent spouse offset if all of the following apply:

• your adjusted taxable income was $150,000 or less
  
• your spouse's adjusted taxable income for the year was less than $9,254
  
• you met all the following conditions:
  
• you maintained your spouse
  
• your spouse was an Australian resident
  
• you were an Australian resident
  

I believe that you can claim an overseas spouse only if the Partner visa has been granted and there is a reasonable reason as to why the visa holder has not yet arrived in Oz....I claimed this with no probs about 4 years ago.

[7by7]

From the OP it appears that the problem is not that the person was claiming for an overseas spouse, but, until his engagement, was claiming for a dependent who did not in fact exist!

I don't know about Australia, but in the UK this is fraud and a criminal offence.

[bridge]

From the OP it appears that the problem is not that the person was claiming for an overseas spouse, but, until his engagement, was claiming for a dependent who did not in fact exist!

I don't know about Australia, but in the UK this is fraud and a criminal offence.

7by7 that seems to be the case, and yes tax fraud is a crime in Australia.

[gburns57au]

and from the time we got engaged tht was in end of year 2008 he claimed expeneses on my name

This was the bit I was referring to