# delayed Spouse visa 309 - problems due to Tax returns



## nancym123 (Sep 8, 2010)

*help*

Hi people

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


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## jejuniper (Jul 1, 2010)

nancym123 said:


> Hi people
> 
> 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


You might be able to tell the DIAC officer what you stated above in order to explain why the dependent's name changed ... but your husband might have some explaining to do to the Australian Taxation Office. Not sure if DIAC passes on this kind of information but my guess is that they would. I've never heard of legally making a claim for a dependent that doesn't really exist before - that's called tax evasion. I'm not sure how you would get out of this situation without coming clean about the false tax claim unless your husband can muster up some kind of proof that the person exists and was genuinely a dependent of his. Even if an accountant did advise him to declare a false dependent, the onus is on the tax payer to submit correct and legal information when submitting tax returns to the ATO.

Sorry, I can't think of any way you could explain this without your husband admitting to tax fraud. It might be worth getting a lawyer.


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## Wanderer (Jun 16, 2007)

As jejuniper has indicated, the best way out is to be truthful.
Re


> 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)


Is your husband of Indian descent?


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## Japi (Sep 12, 2010)

*Similar situation*

Hi Nancy, I'm suck in a similar situation...
In my case, my accountant had been showing my girlfriend back in india to be my spouse/defacto since 2004 & i wasn't even married !!! I'm not sure why. All i know is I told him that I have a girlfriend back home & he said that I could claim ta benefits back from the ato for having gf back home.
Little did i know he was putting her down as my spouse. 
In early 2008 she got married and we broke up n i got engaged in dec 08 to my now wife. We got married in early 10, and filed for her visa.
AHC, delhi have come back to me in August and told me that I was already married as per ATO records !!! It was a total shock to me. I told them that I wasn't. 
I'm trying to sort out this mess and to compound the issue, my friends who use the same tax guy got a letter last yr saying that the account that we used wasn't even a registered accountant !!!! I have tried calling him, emailing him but his mbile phones and land lines are both disconnected. 
What I am doing is, I'm trying to get my old returns sorted out. I know I'll have to pay the money back to ATO with penalties & explain why did this happen
and i'm prepared for it as it was not my money to begin with. I was misled by this dodgy accountant and now am facing problems.


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## nancym123 (Sep 8, 2010)

Hi Japi

I know this is a real mess we are in now. My CO sd tht there around 50-60 such cases... we are still in process of arranging the evidences. So did you pro actively suggested to pay back the money to the ATo or it was asked to do so by the officer. Plz reply asap.. Thanks Japi


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## Japi (Sep 12, 2010)

I've gone to the ATO directly.. or should I say I'll be going to ATO proactively.
I have hired a registered accountant and he has asked me to get my old returns back from ATO. I have sent a letter to taxation dept asking for my old returns so that I can ammend my old returns. During my interview i did tell my CO that because now i was made aware of what my accountant had done, i'll be going to ato to ammend my returns.


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## nancym123 (Sep 8, 2010)

Thanks Japi, we will also do the same and were u asked to submit any more documents related to this for the further processing of visa?


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## Japi (Sep 12, 2010)

nancym123 said:


> Thanks Japi, we will also do the same and were u asked to submit any more documents related to this for the further processing of visa?


Yup.. 
1. They asked me to prove that I was single at the time of marriage.
2. Contact details of my spouse on ATO's records (she is married and I don't know where she is. I have no clue how am I going to get this, since i have no contact with her for over 2.5 yrs)
3. Stat dec's from both me and my wife explaining why didn't we show that i was already married when we filed for her visa (which i wasn't)
4. Contact details of my accountant.

Nancy, if its ok with you send through your email address to me and i'll send you my number. I'd prefer talking about it over the phone rather than discussing it in long posts. That is if its ok with you.


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## nancym123 (Sep 8, 2010)

Thanks Japi
We will also do the same and were u asked to submitted any more supporting documents related to this or showing if u were unmarried at the time of your marriage with your wife by the case officer?


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## Japi (Sep 12, 2010)

nancym123 said:


> Thanks Japi
> We will also do the same and were u asked to submitted any more supporting documents related to this or showing if u were unmarried at the time of your marriage with your wife by the case officer?


Yes they have - Point 1 in my previous post.
For this, what I have done is -
1. My indian marriage cert showing that I was single at time of marriage
2. I got a cert from Melbourne showing that I was never married in australia.


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## nancym123 (Sep 8, 2010)

same here, we have been asked to submit the similar documents. Japi i m trying to send email address but not going thru. just wait a while i'll try again.


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## Japi (Sep 12, 2010)

nancym123 said:


> same here, we have been asked to submit the similar documents. Japi i m trying to send email address but not going thru. just wait a while i'll try again.


Sure.. no worries. - Waiting.


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## nancym123 (Sep 8, 2010)

i hope u get it the rite way , the symbols were not going thru.


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## lovedudu (Jan 28, 2010)

nancym123 said:


> Hi Japi
> 
> I know this is a real mess we are in now. My CO sd tht there around 50-60 such cases... we are still in process of arranging the evidences. So did you pro actively suggested to pay back the money to the ATo or it was asked to do so by the officer. Plz reply asap.. Thanks Japi


May I ask how did DIAC discover this? Through ATO assessment paper?


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## nancym123 (Sep 8, 2010)

Hi lovedudu

I dont know how thy discovered it. My husband filed the returns this yr in July and my CO got to know immediately in 2 days. May b thy hve such a system tht gives any financial update or action taken by the sponser.


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## macentrao (Oct 8, 2010)

Hi All

I am also stuck in same situation, where it was claimed with out physical existence of person - on someone advice.

Has anyone heard back from ATO with amended tax returns ... how long does it take?

Thanks


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## appy (Nov 18, 2010)

*Hey Guys , I am also stuck in the same loop*



Japi said:


> Yes they have - Point 1 in my previous post.
> For this, what I have done is -
> 1. My indian marriage cert showing that I was single at time of marriage
> 2. I got a cert from Melbourne showing that I was never married in australia.


hey Jappi and nancy ,

i am sailing in the sameboat .. i had applied for my spouse visa in May 2010 and i wanted to know if any one of you had got the visa as yet or not ..Or areu still awaiting a reply from the DIAC..

appy


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## Japi (Sep 12, 2010)

appy said:


> hey Jappi and nancy ,
> 
> i am sailing in the sameboat .. i had applied for my spouse visa in May 2010 and i wanted to know if any one of you had got the visa as yet or not ..Or areu still awaiting a reply from the DIAC..
> 
> appy


Nancy has got hers about a month ago. I am still waiting for my wife's.


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## appy (Nov 18, 2010)

*Thanks for the information*



Japi said:


> Nancy has got hers about a month ago. I am still waiting for my wife's.


Hey Japi ,,

thanks for the info .but when did she apply for it ..

and how long have you been waiting for your wife's visa . When did you apply for the visa and

another thing i wanted to ask u was that how did u get a letter in Melbourne stating that you were single .. Did u hire a agent or have u done it yrself .

Also what did nancy do abt the declarations that they had asked to submit.

would be really great if you could shed some light on this matter. Also if you have any other suggestions then do let me know.

Regards

Appy


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## appy (Nov 18, 2010)

*Hey Nancy .... need yr help*



nancym123 said:


> Thanks Japi, we will also do the same and were u asked to submit any more documents related to this for the further processing of visa?


HAve been reading the posts betweenu and japi and we are in the similar situation ..

firstlycongrats on the visa

secondly did you and yr husband had to submit the declarations to the AHC delhi ..

also how long did u actually have to wait for the visa

thanks and if u have any suggestions then do let us know

cheers

Appy


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## bhargav_praj (Dec 7, 2010)

Hello Japi, nancy and Appy

Guys i am in the same bad situation. Can you please guide me how did you proceed with this.

Can you please answer following queries which i have at the moment.

1. How long does it take to get visas once this issue is raised by DIAC.
2. Which documents were provided by you to DIAC for their satisfaction.
3. Did you guys ammend your tax returns?
4. What happens if you dont have any contact to your ex girl Friend of potential spouse?

Please guys help me out with this queries. I am feeling so worried about my wifes spouse visa applications at the moment.

Regards,

Bhargav


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## auskumar (Dec 22, 2010)

*spouse visa problems due to tax returns*

Hi guys,

I am in the same pool.

They have asked me to give me an explanation regarding why I have declared a spouse in tax returns and why I didn't declare that I have a spouse in my wife application that is form 47SP

I have seen several posts but there is no proper solution for this issue. I am trying to dig out the solution.

So far What I can see is

Get the tax returns from ATO.
Tell them I have previous girl friend in india where I send her money
Tell them that my wife filled the papers and she is not that much knowledgeable to fill the forms perpectly.

Can anyone please provide some suggestions to help me out with this situation

cheers.......


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## Wanderer (Jun 16, 2007)

To the last couple of posters, the only path you can follow is one of honesty and that means :
. Declare to Immi that your taxation returns have not been accurate and that you are immediately addressing the situation with the ATO.
. Immediately contact the ATO and declare any inaccuracies and seek their advice on correcting the situation for that way you will minimise any penalties and outstanding interest payments.

Taxation fraud is considered a very serious offence in Australia and so if you do not immediately correct the situation your problems will compound.

I would suspect that once you have cleared the situation with the ATO you may have some documentation to present in regard to any visa applications.
I do not know how the other posters have fared but if they have attempted to do anything else, they can consider themselves to be very foolish.

You may find that Immi will not process any visa application with taxation inconsistencies and will have referred the matter to the ATO and that the visa application currently submitted could be cancelled.
That will likewise probably happen if no advice is offered to Immi.


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## auskumar (Dec 22, 2010)

Hi wanderer

Thanks for your honest reply.However not everyone case is a about fraud with the taxation. I have been in australia since 2004 and I have seen how people are caught for doing silly things. 

What happens to a genuine person who has a girl friend and still supporting her until marriage. I haven't told my wife that I was still supporting her bcoz she may get angry.

Mine is a bit complex situation please give me your suggestions.

Your suggestions are very very valuable.


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## Wanderer (Jun 16, 2007)

It can be simple rather than silly.
From what you say now, if you are asking what happens if you are married and now want to sponsor a girlfriend, that information should be included with your Sponsorship application - http://www.immi.gov.au/allforms/pdf/40sp.pdf if not on the 47 visa application.

If your taxation matters are in order you will have nothing to be concerned with on that front but it could be you have made an inaccurate application and so in first instance that needs to be corrected and Immi will do whatever they need to do.


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## monty (Feb 8, 2011)

hi,
i have same situation with tax, has anyone worked out their situation yet?


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## chandrasingh (Feb 9, 2011)

Hi Monty

when did u lodged ur application and what did case officer requested for



monty said:


> hi,
> i have same situation with tax, has anyone worked out their situation yet?


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## monty (Feb 8, 2011)

*hi*



chandrasingh said:


> Hi Monty
> 
> when did u lodged ur application and what did case officer requested for


hi i lodged in Sept last year case officer has asked me to provide all the details of the spouses declared. in my case i have declared my wife as my girlfriend previously. hasn't received any communication yet from the case officer. how about you?


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## chandrasingh (Feb 9, 2011)

Hi Mate

I lodged my wife's visa in early December. I done the same when i lodging my tax returns. I'm worried what to do is CO ask me. 
Pls let me know if you have a solution brooo



monty said:


> hi,
> i have same situation with tax, has anyone worked out their situation yet?


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## chandrasingh (Feb 9, 2011)

Hi Wanderer

recently I applied my spouse visa 309. But from last 2 years I was claiming dependent expenses as on of my accountant (friend) suggested to do so.
Is my CO going to check my ATO records. Is it better to call ATO and correct my records before my CO interview. Do you know is this going to be a random check?

Your advise will be much appreciated



Wanderer said:


> To the last couple of posters, the only path you can follow is one of honesty and that means :
> . Declare to Immi that your taxation returns have not been accurate and that you are immediately addressing the situation with the ATO.
> . Immediately contact the ATO and declare any inaccuracies and seek their advice on correcting the situation for that way you will minimise any penalties and outstanding interest payments.
> 
> ...


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## Wanderer (Jun 16, 2007)

I am not aware of what actually goes on between Immi and the ATO but from some of the posts being made, it would seem cross checks are being made and if the ATO become aware of a particular trend, it will not be unusual for the ATO to start targetting such areas and if there are particular accountants actually advising action that is considered to be for avoiding or evading tax, the ATO may also be interested in their activities too.

You need to rmember that it is an individual that signs for a taxation return and not an accountant and so you either need to become familiar with what the appropriate taxation approach is via reading up on taxation return guidelines or if using an accountant, have the accountant explain the reasoning for any advice but at the end the onus is on the taxpayer.

If you feel you have been doing something that is not right, it is probably in your best interests to initially seek advice from a separate accountancy company rather than an individual and then if need be follow it up with making contact with the ATO to correct anything that needs correction.


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## monty (Feb 8, 2011)

chandrasingh said:


> Hi Mate
> 
> I lodged my wife's visa in early December. I done the same when i lodging my tax returns. I'm worried what to do is CO ask me.
> Pls let me know if you have a solution brooo


Hey, it's not random as long as I knw. They ask to provide taxation details to almost everyone. In my case I have declared it to ATO and trying to get my tax returns clear. Thts the best way out. I think everyone here would be agree with me?


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## chandrasingh (Feb 9, 2011)

What are the documents did CO requested you. How long does it take to get correct documents from ATO. Do you need to get any other clearence certificate. Let me know mate



monty said:


> Hey, it's not random as long as I knw. They ask to provide taxation details to almost everyone. In my case I have declared it to ATO and trying to get my tax returns clear. Thts the best way out. I think everyone here would be agree with me?


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## paddypops (Feb 19, 2011)

Hello
I am an australian citizen and have applied for my partner's spouse visa couple of months back.When I lodged for my tax returns in 2009 I claimed dependent taxes by putting down some random as my boyfriend not as my spouse as suggested by an accountant(was ignorant that time i guess).Is there any chance that I could land into trouble,because some of my friends who have done the same thing were never questioned by the CO.Suugestions would be well appreciated!


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## Wanderer (Jun 16, 2007)

paddypops said:


> Hello
> I am an australian citizen and have applied for my partner's spouse visa couple of months back.When I lodged for my tax returns in 2009 I claimed dependent taxes by putting down some random as my boyfriend not as my spouse as suggested by an accountant(was ignorant that time i guess).Is there any chance that I could land into trouble,because some of my friends who have done the same thing were never questioned by the CO.Suugestions would be well appreciated!


From what others have said, it would seem that the ATO may have an impression that false claims could be quite widely spread and that they will be targetting such situations.
Also seems that a lot of people need to be reviewing who they get taxation advice from.
Taxation fraud in Australia is considered quite seriously by the government and the best approach to minimise penalties and fines is to immediately get in touch with the ATO.


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## chandrasingh (Feb 9, 2011)

Hi Nancy
I hope ur doing well in Australia. I need a big favor from u. I'm in the same situation with visa 309. Could you please let me know what documents did u provided to CO to prove yourself. Did CO interviewed both of you?? can you please give ur time line

ur reply will be much appreciated

Thank you



nancym123 said:


> Hi people
> 
> 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


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## chandrasingh (Feb 9, 2011)

Hi Japi
I hope ur doing well in Australia. I need a big favor from u. I'm in the same situation with visa 309. Could you please let me know what documents did u provided to CO to prove yourself. Did CO interviewed both of you?? can you please give ur time line

ur reply will be much appreciated

Thank you



Japi said:


> Hi Nancy, I'm suck in a similar situation...
> In my case, my accountant had been showing my girlfriend back in india to be my spouse/defacto since 2004 & i wasn't even married !!! I'm not sure why. All i know is I told him that I have a girlfriend back home & he said that I could claim ta benefits back from the ato for having gf back home.
> Little did i know he was putting her down as my spouse.
> In early 2008 she got married and we broke up n i got engaged in dec 08 to my now wife. We got married in early 10, and filed for her visa.
> ...


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## angie1 (Feb 20, 2011)

yeah looks like data matching is performed, here is a link from ato website

Our data exchanges with other Australian government agencies

althou it srates what data is matched with centrelink, does not give too much info bout what data is provided to Immi


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## chandrasingh (Feb 9, 2011)

*Any updates*

Hi Mate

any news about ur visa. what is ur time line. I'm in the same situation.

Please let me know

Thanks



paddypops said:


> Hello
> I am an australian citizen and have applied for my partner's spouse visa couple of months back.When I lodged for my tax returns in 2009 I claimed dependent taxes by putting down some random as my boyfriend not as my spouse as suggested by an accountant(was ignorant that time i guess).Is there any chance that I could land into trouble,because some of my friends who have done the same thing were never questioned by the CO.Suugestions would be well appreciated!


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## visu (Mar 23, 2011)

Hi,I am also facing the same problem?How long does it take to get notice of amended assessment from ATO.I have got a job opportunity in Sydney.But did not get visa..Please help me out...


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## chandrasingh (Feb 9, 2011)

Hi Visu

If you lodge by tax agent it will take 28 days if you lodge by yourself it will take 2months. this is from ato website. have you lodged amended tax returns?
What else need to submit to case officer?
Please let me know. Thanks



visu said:


> Hi,I am also facing the same problem?How long does it take to get notice of amended assessment from ATO.I have got a job opportunity in Sydney.But did not get visa..Please help me out...


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## visu (Mar 23, 2011)

chandrasingh said:


> Hi Visu
> 
> If you lodge by tax agent it will take 28 days if you lodge by yourself it will take 2months. this is from ato website. have you lodged amended tax returns?
> What else need to submit to case officer?
> Please let me know. Thanks


Hi chandrasingh,
Thank You..We have lodged through tax agent just 3 days back.Only this doc is pending with me.CO said she wud process my visa within 2 weeks once we submit amended notice.But i have to report on 26th April.Can u please suggest..Do they accept an acknowledgment from ATO by saying ATO has received application for amended tax returns by us.


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## chandrasingh (Feb 9, 2011)

Hi Visu

I'm going to an accountant tomorrow. did CO asked you to re do ur tax returns.
Can you please let me know ur time line. After meeting my accountant i'll let you know in detail. I hope u will get ur visa in time



visu said:


> Hi chandrasingh,
> Thank You..We have lodged through tax agent just 3 days back.Only this doc is pending with me.CO said she wud process my visa within 2 weeks once we submit amended notice.But i have to report on 26th April.Can u please suggest..Do they accept an acknowledgment from ATO by saying ATO has received application for amended tax returns by us.


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## visu (Mar 23, 2011)

chandrasingh said:


> Hi Visu
> 
> I'm going to an accountant tomorrow. did CO asked you to re do ur tax returns.
> Can you please let me know ur time line. After meeting my accountant i'll let you know in detail. I hope u will get ur visa in time


Thank You.Yes CO asked to amend tax returns..which time line?...Hv u lodged ur notice of amendment?


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## chandrasingh (Feb 9, 2011)

Hi Visu

I haven't lodged my amendment returns. I spoken to an accountant toady he advised me that it wont take 5-10 days after lodging. when did you lodged ur visa application? for how many years did CO asked you to do the amendments. Please let me know. Thanks



visu said:


> Thank You.Yes CO asked to amend tax returns..which time line?...Hv u lodged ur notice of amendment?


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## visu (Mar 23, 2011)

chandrasingh said:


> Hi Visu
> 
> I haven't lodged my amendment returns. I spoken to an accountant toady he advised me that it wont take 5-10 days after lodging. when did you lodged ur visa application? for how many years did CO asked you to do the amendments. Please let me know. Thanks


Hi,i hv lodged in Oct.But we submitted requested docs on mar 10th.CO asked to submit amendments for 2 years.Any information about acknowledgment from ATO?
Thanks


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## chandrasingh (Feb 9, 2011)

Hi Visu

What other documents did CO requested you.


visu said:


> Hi,i hv lodged in Oct.But we submitted requested docs on mar 10th.CO asked to submit amendments for 2 years.Any information about acknowledgment from ATO?
> Thanks


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## chandrasingh (Feb 9, 2011)

Hi Visu

If you lodged by Tax agent you should get acknowledgment after lodging ( if agent lodged by online ). Today i checked with ATO if agent lodged your returns you may receive in 5-10 working days. I hope you will receive letter from ATO by end of this week. Thanks



visu said:


> Hi,i hv lodged in Oct.But we submitted requested docs on mar 10th.CO asked to submit amendments for 2 years.Any information about acknowledgment from ATO?
> Thanks


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## visu (Mar 23, 2011)

chandrasingh said:


> Hi Visu
> 
> If you lodged by Tax agent you should get acknowledgment after lodging ( if agent lodged by online ). Today i checked with ATO if agent lodged your returns you may receive in 5-10 working days. I hope you will receive letter from ATO by end of this week. Thanks


.

Hi,Thank you for information.She requested PCC,mrg certi,passport,some proofs about relation,aknowledgement from ATO with stamp.All are done except this acknowlegemenr or notice of assessment.


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## chandrasingh (Feb 9, 2011)

Hi Visu

I'm trying to send my email id but they are deleting but you can PM me. Thanks



visu said:


> .
> 
> Hi,Thank you for information.She requested PCC,mrg certi,passport,some proofs about relation,aknowledgement from ATO with stamp.All are done except this acknowlegemenr or notice of assessment.


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## chandrasingh (Feb 9, 2011)

Hi Visu

Have you got your assessment from ATO. Thanks



chandrasingh said:


> Hi Visu
> 
> I'm trying to send my email id but they are deleting but you can PM me. Thanks


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## raj1984 (Apr 7, 2011)

Hi Guys, I am pretty new to this column. As rightly said "need is the mother of all invention" 
AND I am in need, and I have not invented anything new , but I found this link.
My issue :- I lodged spouse visa about 4 months back. got the CO and had asked for the tax return, i submitted it and he detected that i claimed for spouse offset in tax return. So now he seeks explanation that Y my spouse in the 47sp form dint declare that I already had a spouse ....any ideas.. what I should say?


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## Wanderer (Jun 16, 2007)

raj1984 said:


> Hi Guys, I am pretty new to this column. As rightly said "need is the mother of all invention"
> AND I am in need, and I have not invented anything new , but I found this link.
> My issue :- I lodged spouse visa about 4 months back. got the CO and had asked for the tax return, i submitted it and he detected that i claimed for spouse offset in tax return. So now he seeks explanation that Y my spouse in the 47sp form dint declare that I already had a spouse ....any ideas.. what I should say?


Honesty is always the best policy and like a few others posting to this thread, if you have been doing something that you should not have in regard to taxation, that can be considered tax fraud and somthing not to be addressed too lightly by the ATO.
Your best course of action is to come clean with the ATO and do whatever they deem necessary and advise Immi of what you intend to do.


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## raj1984 (Apr 7, 2011)

*Call for Nancy or Japi*

CALL FOR NANCY OR JAPI!!!!
Hi People,

Really in the need of urgent help,,, i am stuck in one of the similar situation,,, if you can please PM me your number (preferred) or email ,... I just want to know how did you get through this situation and can please help me to get out as well...
Thanks heaps.


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## chandrasingh (Feb 9, 2011)

Hi Visu

Have u got ur notice of assessment from ATO. Thanks

Hi,Thank you for information.She requested PCC,mrg certi,passport,some proofs about relation,aknowledgement from ATO with stamp.All are done except this acknowlegemenr or notice of assessment.[/QUOTE]


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## chandrasingh (Feb 9, 2011)

Hi Visu

I lodged my amended tax returns from 2008-2010 but they can't process my 2008 as it is too old.have you received your returns.. I dont know what to do now. please let me know. Thanks

Hi,Thank you for information.She requested PCC,mrg certi,passport,some proofs about relation,aknowledgement from ATO with stamp.All are done except this acknowlegemenr or notice of assessment.[/QUOTE][/QUOTE]


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## raj1984 (Apr 7, 2011)

hi Chandrasingh,

do u mean that u already amended tax return for 2008 to 2010?
if yes than how long did it take for u...?
and also what did they tell abt 2008?
as i am also going to do it in a day or two.


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## chandrasingh (Feb 9, 2011)

*Hi*



raj1984 said:


> hi Chandrasingh,
> 
> Sorry for late reply Raj.
> 
> I Lodged my amended returns for 2008-10 and waiting for Notice of assessment but ATO can't amend for 2008 as its too old( more that 2yrs ). Do you need to lodge ur amended returns for 2008 as well? I think it may take 2-4 weeks


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## chandrasingh (Feb 9, 2011)

Hi Visu

Have you received your amended returns from ATO. Any progress with ur Visa. Please let me know.
Thank you


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## raj1984 (Apr 7, 2011)

Hi Chandrasingh,

I had spoken to ATO and was advised that i cant amend for 2008 as it is more than 2 years old.
but my case officer said :- still i need to apply for amendment for 2008 and if ATO cant amend they will let me know in writing. and i will have to submit that to case officer.
I have spoken to my tax agent and he said that we can amend for 2 years (2007-08 and 2008-09) and he has lodged online and he said i will receive amended NOA in 14 days...


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## chandrasingh (Feb 9, 2011)

Hi Raj

I got a letter from ATO saying that they can't amend 2008 and still waiting for 2009 & 2010 NOA from ATO

Do we need re-lodge 2008?

After submitting these how much time will take to approve our visa.

Do we need to repay money to ATO before sending these documents our CO

Please let me know. Thank you



raj1984 said:


> Hi Chandrasingh,
> 
> I had spoken to ATO and was advised that i cant amend for 2008 as it is more than 2 years old.
> but my case officer said :- still i need to apply for amendment for 2008 and if ATO cant amend they will let me know in writing. and i will have to submit that to case officer.
> I have spoken to my tax agent and he said that we can amend for 2 years (2007-08 and 2008-09) and he has lodged online and he said i will receive amended NOA in 14 days...


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## raj1984 (Apr 7, 2011)

Hi chandra u don't have to re lodge for 2008 submit the letter from ato that they can't amend for 2008. That's what my case officer said. Also u don't have to pay to ato now just submit noa to case officer. Also I have one Que for u .when did u apply for amendment? How long did it take to get reply from ATO? and also did u do online or paper amendment?



chandrasingh said:


> Hi Raj
> 
> I got a letter from ATO saying that they can't amend 2008 and still waiting for 2009 & 2010 NOA from ATO
> 
> ...


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## boyz2001_in (May 2, 2011)

Hi Guys,

I am stuck in similar situation, so we all sailing on same boat. Actually what i figured out DIMIA asking exactly same question word by word to everyone who claimed tax-rebate on their spouse name b4 marriage. What i am wondering did you guys preferred to contact CO by phone or through email after they asked you for explanation ?

Did anyone of yours spouse has got visa after amendment of your tax return yet ? What are the possibilities of visa cancellation even after tax amendment. Do the CO still see you with evil eyes & does it put marking on your record in ATO for future considerations.


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## raj1984 (Apr 7, 2011)

Hi Boyz2001, Welcome to the party!!!!
I contacted to CO via email.
i am waiting for the amendment.
but i had got one reference through one of my friend , who got the visa,
but i dont see any reason to decline the visa
as they are all doing this to get teh money paid to ATO. thats all.



boyz2001_in said:


> Hi Guys,
> 
> I am stuck in similar situation, so we all sailing on same boat. Actually what i figured out DIMIA asking exactly same question word by word to everyone who claimed tax-rebate on their spouse name b4 marriage. What i am wondering did you guys preferred to contact CO by phone or through email after they asked you for explanation ?
> 
> Did anyone of yours spouse has got visa after amendment of your tax return yet ? What are the possibilities of visa cancellation even after tax amendment. Do the CO still see you with evil eyes & does it put marking on your record in ATO for future considerations.


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## chandrasingh (Feb 9, 2011)

Raj sorry for late reply

it took 2 weeks including 5 public holidays. you may get it in a week. 
After submitting these doc's do you know how long it will take to approve visa

Thank you



raj1984 said:


> Hi chandra u don't have to re lodge for 2008 submit the letter from ato that they can't amend for 2008. That's what my case officer said. Also u don't have to pay to ato now just submit noa to case officer. Also I have one Que for u .when did u apply for amendment? How long did it take to get reply from ATO? and also did u do online or paper amendment?


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## chandrasingh (Feb 9, 2011)

Hi Raj

After submitting amendments how long did it took for your friend to get visa. did he amended for 2008?

Please let me know

Thanks



raj1984 said:


> Hi Boyz2001, Welcome to the party!!!!
> I contacted to CO via email.
> i am waiting for the amendment.
> but i had got one reference through one of my friend , who got the visa,
> ...


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## raj1984 (Apr 7, 2011)

Well Chandra, 
I dont have direct contact with that person , i spoke to him only once. 
but he got visas in 5-6 months after submitting amendment 
and he had to amend only for one year for 2009

also did u applied amendment in paper or online? and did u receive amended NOA for 2009 and 2010 as well ...? also were u charged lot of interest and penalty...??? TOO MANY QUESTIONS AT A GO I THINK!!!!



chandrasingh said:


> Hi Raj
> 
> After submitting amendments how long did it took for your friend to get visa. did he amended for 2008?
> 
> ...


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## chandrasingh (Feb 9, 2011)

I applied amendments in online and I received my noa's last week. ATO charged interest no panalty. So you think it will take another 5months from now? I'm still worried about 2008 mate. For how many years of amendments have u lodged ?? Thanks Mate



raj1984 said:


> Well Chandra,
> I dont have direct contact with that person , i spoke to him only once.
> but he got visas in 5-6 months after submitting amendment
> and he had to amend only for one year for 2009
> ...


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## chandrasingh (Feb 9, 2011)

Hi Visu

Have you got ur Visa. How many years of amendments have you submitted for ATO

Please give ur valuable suggestion. Thanks



visu said:


> Hi chandrasingh,
> Thank You..We have lodged through tax agent just 3 days back.Only this doc is pending with me.CO said she wud process my visa within 2 weeks once we submit amended notice.But i have to report on 26th April.Can u please suggest..Do they accept an acknowledgment from ATO by saying ATO has received application for amended tax returns by us.


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## raj1984 (Apr 7, 2011)

Hi chandra,
I have lodged for 2008 and 2009. 
Also check your inbox as I sent you a private message



chandrasingh said:


> I applied amendments in online and I received my noa's last week. ATO charged interest no panalty. So you think it will take another 5months from now? I'm still worried about 2008 mate. For how many years of amendments have u lodged ?? Thanks Mate


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## raj1984 (Apr 7, 2011)

U wont get Case officer unless u send them email..
that's what i have experienced with myself and my friends.


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## amit2011 (May 24, 2011)

Hi guys,

My name is amit and live in sydney.
i am getting amrried in nov this year and was about to file the visa of my partner in few weeks and saw this website with this tax issues everyone is facing.
to cut the long story short i am 1 of the victims as well as my tax agent filed these spouse tax benefits for me as well.
i came to know abt this in 2009 whn i got a call from tax office stating i applied for spouse tax benefits and i need to provide details of it.
i stated that this might be a mistake as i am not married and nor do i have any gf.
they said ok and din give me the benefits as i failed to provide the requested docs.
i called my taqx agent after this and gave him a gud word he thn told me that he applied for this spouse benefits in 07 and 08 as well.
so now the question is what should i do?
i am planning to file this years tax and then send this years tax NOA and last year 10 NOA as these have no decripencies.
09 has discrepancies but i never got paid for the benefit so no need to return anything.
so would DIMA ask me to return 07 and 08 tax money i got extra?
and if yes the point is i cannot ammend my 07 and 08 tax assesments as they are more thn 2 years old...what wld happen in this case....
please provide your inputs as these are very important for me.

thanks guys.


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## raj1984 (Apr 7, 2011)

Hi Amit,
to start with ... put your application as early as u can.. as its taking too long with visas these days...
and with NOA they only ask for last 3 years. so should be fine for you.
also just in case they ask for 2007 and 08 (which is highly unlikely) u can apply for amendment with ATO, and u will get the amendment in 2 weeks,
(generally ATO will come back that they cant amend for more than past 2 years and u will get rejection, and u can submit that to immi-CO)
also there are other blog websites to keep a track 
Subclass 309/100 - Spouse Visa processing time - AHC Delhi - Page 37


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## amit2011 (May 24, 2011)

Hi Raj,

Thanks for your post.
I cannot apply till august as i need to file my tax for this year and get the NOA for this year.
and then apply by sending this years NOA and last years.
I am getting married on 18th NOv.
Do you think taking the worst case scenario of applying my visa by end of august my partner will get visa approved by dec end?
and yes i called a tax agent yesterday and he said you can ammend tax for 07 and 08 as well.
lastly, as you said ill get a rejection if i file for ammendment of tax for 07 and 08 will that rejection be taken +vely by DIMA?

thanks for your help once again.


Amit


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## raj1984 (Apr 7, 2011)

Hi Amit,

Couple of things,
U dont need to wait till Aug to apply...U can apply for spouse visa now...it will be around 2 months till u get case officer...and than u get 28 days to submit the NOA for three years ...till that time it will be already Aug...
so what i mean to say apply for visa now...and submit NOA later ...its not necessary to submit along with application.
and dont make any amendments now....do it only when asked for it...in your case generally u wont be asked to do any amendments...
also u can apply for the spouse visa even if u r not married...as in the 47 sp form,,, u can mention the date when u are getting married .and then submit the marriage certificate later...till that time submit all other docs u have....
cheers.


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## amit2011 (May 24, 2011)

raj1984 said:


> Hi Amit,
> 
> Couple of things,
> U dont need to wait till Aug to apply...U can apply for spouse visa now...it will be around 2 months till u get case officer...and than u get 28 days to submit the NOA for three years ...till that time it will be already Aug...
> ...


Hi Raj,

Thanks for all the help and yes i am applying for spouse visa and not fiance visa.
and i will wait till atleast start of july to file the application as i dont want to be in trouble if i cant get the NOA for this year and CO asked for it.
ill be applying for NOA for this year asap i can do it in july and hopefully will get the NOA by 1st week of august.

Tapan


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## raj1984 (Apr 7, 2011)

Amit
well u wont have the marriage certificate either,,,what r u gonna do then..?

in a nutshell... u can always ask extension.. if u cant submit the any doc.


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## paddypops (Feb 19, 2011)

*tax!!!!!!!grrrr....*



paddypops said:


> Hello
> I am an australian citizen and have applied for my partner's spouse visa couple of months back.When I lodged for my tax returns in 2009 I claimed dependent taxes by putting down some random as my boyfriend not as my spouse as suggested by an accountant(was ignorant that time i guess).Is there any chance that I could land into trouble,because some of my friends who have done the same thing were never questioned by the CO.Suugestions would be well appreciated!


Hey guys I was interviewed by the CO on the 9th May asking me for an explanation as to why I claimed extra offsets in my 2009 tax returns.So on the 10th May I lodged an amendent request to get a new tax assessment notice for 2009 online thro a tax agent and was told would recieve the NOA in 28days according to their service standards.Its past 28 days as of today and my application has been escalated ,so its going to take more time in recieving my NOA.According to the visa agent once I submit the ammended NOA,it takes 1-2-weeks for visa approval.

Visa lodged-15th-dec10
Application recieved-16thdec 10
CO assigned-19thjan(pretty quick) and additional docs requested the same day
Docs submitted-20thfeb
Waiting to submit my NOA as soon as I get it and will take it from there..Wish me luck guys!!!


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## oz99 (Jun 19, 2011)

*question*



Wanderer said:


> To the last couple of posters, the only path you can follow is one of honesty and that means :
> . Declare to Immi that your taxation returns have not been accurate and that you are immediately addressing the situation with the ATO.
> . Immediately contact the ATO and declare any inaccuracies and seek their advice on correcting the situation for that way you will minimise any penalties and outstanding interest payments.
> 
> ...


Hi Wanderer,

I had the same tax query from my CO. I was asked to provide the explanation why information in the form 47SP differs from the information I provided to the ATO as I have claimed the tax rebate for showing defacto.

After receiving this email, I replied my CO that my tax returns had been inaccurate and I would amend my tax returns of last two years. I did that and also paid off the over claimed amount with interest to ATO. Initially when I applied for tax amendments, I attached the scanned copies of my tax amendment forms where I have clearly mentioned that "I had no spouse or defacto in the past and it was purely an error" in the email to my CO. and also sent the NOA in the second email to my CO when I received it from ATO.

After a month, I have received an email from my CO asking that who did I claim the tax offset for and what was my relationship with her?

Now I have already mentioned in my amendment forms that I have never been into spouse or defacto relationship and it was done by mistake. not sure what else to say which can answer my CO's question this time. or even I am not sure whether they are looking for any other information from me. As I claimed the spouse tax rebate purely for tax saving purposes, I have nothing else to say. Not sure what to answer.

can you guys please help me out with this? thanks heaps.


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## aKs4058 (Jul 3, 2011)

Hi oz99,

What would be the quickest way to get the amended NOA from ATO ? online through tax agent or myself, or through paper?

Also did you get this query from your CO or from someone in Australia after it was sent for the final hearing by your CO?


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## oz99 (Jun 19, 2011)

I went to my nearest ATO office and left my tax amended forms in their drop box . My tax was amended within 10 working days.

A month later, I was asked to provide her name and my relationship with her by my CO eventhough I had emailed my CO earlier the scanned copies of receipt of my tax amendment forms given by ATO in which I had clearly mentioned that I had no defacto or spouse at the time of lodgment.

When I went to ATO, they gave me the photocopy of my tax amended forms with ATO's stamp on it which I emailed it to my CO.

It has been two weeks since I have provided them the explanation again but I haven't heard anything back from my CO yet, not even the acknowledgment.



aKs4058 said:


> Hi oz99,
> 
> What would be the quickest way to get the amended NOA from ATO ? online through tax agent or myself, or through paper?
> 
> Also did you get this query from your CO or from someone in Australia after it was sent for the final hearing by your CO?


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## aKs4058 (Jul 3, 2011)

Hi Oz99,

Any update on your visa status?



oz99 said:


> I went to my nearest ATO office and left my tax amended forms in their drop box . My tax was amended within 10 working days.
> 
> A month later, I was asked to provide her name and my relationship with her by my CO eventhough I had emailed my CO earlier the scanned copies of receipt of my tax amendment forms given by ATO in which I had clearly mentioned that I had no defacto or spouse at the time of lodgment.
> 
> ...


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## bhargav_praj (Dec 7, 2010)

Hello all,

Here is the guide line to amend TAX for more than 2 years old financial year.

1. Apply for amendment
2. It will get rejected by ATO as the Amendment is for the financial year which is older than 2 years and ATO does not allow amendment for them.
3. Once you get the Rejection letter. you file an Objection to the ATO decision and you need to explain why you need to amend the Tax for financial which is older than 2 years.
4. If proper explaination provided and stated that you are going to give moeny back to ATO as it was a mistake in 2007 or 2008 Tax Assessment. ATO will aceept the amendment for the financial year older than 2 years.

It is bit time consuming process to get an amendment for 2008 and earlier years. But it works and it will surely get you visas if you are stuck only for this issue. And be honest. you will be paying all money back to ATO but you will not have any issues in future.


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## aKs4058 (Jul 3, 2011)

Hi Bhargav,

What's is the procedure if I want to amend the tax return for the 2009-10

year.

Cheers.



bhargav_praj said:


> Hello all,
> 
> Here is the guide line to amend TAX for more than 2 years old financial year.
> 
> ...


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## miniature.moose (Jul 22, 2011)

I seem to have the opposite problem... although hopefully it's not a problem. In my last tax return I stated that I was in a de facto relationship with my partner (which is completely true), however, we have been together for four years and as we had so much time apart over that time I didn't list him as de facto on previous statements because we weren't actually living together or had long periods of separation. Perhaps this was a mistake. It wouldn't have made any difference to my tax return as I was only working a shift here and there when in Australia and earning nothing while in Germany and my partner was either studying in Germany and working as a bartender one night a week or in Australia earning nothing, so I don't think my tax return would have been affected by this information as I was earning so little and we as a couple were earning so little.

We lived together for 9 months in 2008 and then I moved back to Perth for 9 months (he was in Germany this whole time) and I received a small amount of youth allowance while I was back at uni. I didn't declare a de facto relationship as we were in separate countries for the entire time I received the payment yet we were still in a relationship. Do you think this will cause a problem?

I didn't report the de facto relationship to ATO while in Germany for 9 months as I didn't fully understand the term. I think I believed you had to be in a "registered relationship" for that to matter. Hope my ignorance doesn't come back to haunt me :s


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## shin123 (Sep 1, 2011)

*Questions, plz help*

Hi All,

I read all post on this topic but can't get answers of the few following questions: 

What is the best/quickest way to get amended tax return from ATO?
-> Tax agent / online - can't find where? / paper
How to amend tax return for the tax return before 2 years?
-> Do I have to follow according to bhargav_praj?
How long it takes to get visa once you submit amended NOA to CO?

Any help would be really appreciated.

Thanks a lot..


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## augenblick (Jul 27, 2011)

miniature.moose said:


> I seem to have the opposite problem... although hopefully it's not a problem. In my last tax return I stated that I was in a de facto relationship with my partner (which is completely true), however, we have been together for four years and as we had so much time apart over that time I didn't list him as de facto on previous statements because we weren't actually living together or had long periods of separation. Perhaps this was a mistake. It wouldn't have made any difference to my tax return as I was only working a shift here and there when in Australia and earning nothing while in Germany and my partner was either studying in Germany and working as a bartender one night a week or in Australia earning nothing, so I don't think my tax return would have been affected by this information as I was earning so little and we as a couple were earning so little.
> 
> We lived together for 9 months in 2008 and then I moved back to Perth for 9 months (he was in Germany this whole time) and I received a small amount of youth allowance while I was back at uni. I didn't declare a de facto relationship as we were in separate countries for the entire time I received the payment yet we were still in a relationship. Do you think this will cause a problem?
> 
> I didn't report the de facto relationship to ATO while in Germany for 9 months as I didn't fully understand the term. I think I believed you had to be in a "registered relationship" for that to matter. Hope my ignorance doesn't come back to haunt me :s


i'm in the same boat as you... eek


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## Grant (Oct 4, 2011)

*Last stage of Application 309, application in Apr-11*

Hi Nancy and the rest who have faced delays related with Spouse offset tax claims :

We applied for VISA sub class 309 in April 2011 upon marriage in Delhi office , got assigned a case officer in June 2011. With a fairly detailed application we were expecting the officer had all. 
Except for the CO sent me (sponsor) an email to clarify Tax claims (2008)in the past on "spouse offset" and questioning my relationship in the past. A a victim of misleading info and lucky, I was informed of this the following year(2010) when I got my tax claims through a well known tax agent rather than the one who becomes an "accountant" during tax time. We applied for an amendment immediately and paid the entire difference amount to ATO in Oct 2010. I sent all the copies of amendment and receipt ATO accepting with 0 pending balance to the CO as evidence clearing them all way before this. 
Lucky I had it all sorted it out. Once the above events were explained to the CO via email in June 2011, I received a call from the CO in August 2011, seeking detailed verbal confirmation and clarification of what I had emailed earlier. 
After the detailed questionnaire CO mentioned that the case will now be sent of to the last stage of processing where a Senior VISA officer will make a decision. So from August 2011 we have not heard anything. Its been 2 months since then and 6 months since we applied . Wonder how long the last stage of processing takes ?

After repeated contact with the CO, I am told that during our application in April 2011 the indicative time line was 5 months for VISA 309, now its 7 months and in both case the office is well withing the processing time of 12 months.

Any one whos in the same boat ? 
Application submitted in April 2011,
Tax claim clarification,
Last stage of application processing by senior case officer,

BTW, Nancy did you get you VISA, and if so when ?

Grant (VISA)


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## hiraj2709 (Sep 20, 2011)

Grant said:


> Hi Nancy and the rest who have faced delays related with Spouse offset tax claims :
> 
> We applied for VISA sub class 309 in April 2011 upon marriage in Delhi office , got assigned a case officer in June 2011. With a fairly detailed application we were expecting the officer had all.
> Except for the CO sent me (sponsor) an email to clarify Tax claims (2008)in the past on "spouse offset" and questioning my relationship in the past. A a victim of misleading info and lucky, I was informed of this the following year(2010) when I got my tax claims through a well known tax agent rather than the one who becomes an "accountant" during tax time. We applied for an amendment immediately and paid the entire difference amount to ATO in Oct 2010. I sent all the copies of amendment and receipt ATO accepting with 0 pending balance to the CO as evidence clearing them all way before this.
> ...


Hi

When did the CO asked you about the tax clarification? with other documents requirements or at last stage file????

THANKS


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## icecream (Oct 31, 2011)

I am surprised why people have been providing old tax returns for as far as 3 years in 08 when the application requires last 2 year tax returns OR payslips.


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## likki1234 (Jul 20, 2011)

*TAX issue*

I am in complicated problem, i did claim offset last year for a girl who lived with me as house keeper and we had no relationship what so ever. she agreed to this since she is unemployed at the time. however before last year i did claim tax offset with ignorance. now do i ammend last year aswell or just the before year. pleaaaase help!!!


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## jatin.s.3 (Mar 28, 2012)

Guys.
I am Jatin from Melbourne. I am in same situation.
Date of application: 06 of Dec 2011
I lodged my file on 6th Dec 2011. On 14th Feb 2012, CO was assigned and asked for Medical and PCC. My wife did medical test and PCC, it was submitted on 17th Feb 2012.

On 24th March 2012, I had call from my CO and asked to review Tax return 2009-10.
CO said you have to talk to ATO direct and fix your tax claim for 2009-2010.

*Even though, I received email from CO saying that your file has been forwarded to senior CO for final review. 
*
I have tried to contact my old tax agent but he left country for ever. So I went to new Tax agent and he asked me to amend tax return. I rang ATO and asked for Tax return for 2009-10.
*
1). Does any one know, How long it takes once senior CO assigns to your file. 
2). My file is forwarded for final review, does ATO issue matters to get visa or can I stil lget visa. 
3). Is that normal that even though you have ATO issue and they forward to Senior CO.
*

Please help. Curious.     %) %) %) %)


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## melb guy (May 4, 2012)

*tax agent*

Does any know a good tax agent to apply tax reassessment please.

Your replies would be much appreciated.

thanks


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## rezcapo (Nov 10, 2012)

Im about to apply for a Partner visa and Im required as a sponsor to prove my last 2 years of work. I made a stupid decision and happened to work under the table at one of my jobs for about 4 months. Will this be something they are looking at? 
If so ,How does this relate to my Partners visa as this is something I did. why should this affect the outcome of her visa as Im an Australian citizen. This is not a common habit for me but because it was a very short term job This is what i did. 

Should I leave it out of my application and if so it will leave a large gap in my employment history!!


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