Originally posted by Alan Collett
> Details of the new limits effective for applications lodged on
> or after the 1st of January 2004 are awaited ... in the meantime
> see here:
> http://www.gomatilda.com/news/article.cfm?articleid=287
> Best regards.
Alan
As you know back in the eighties (members of my team – myself included)
pioneered much of the work on the tax and financial planning issues for
those migrating to Australia or already resident there. Incidentally in
the last 5 years we developed New Zealand options. This probably led to
your own unearthing in the past of our firm’s knowledge and experience
on the subject of planned migration.
Permit me to explain our interpretation which may take a moment to do.
In order to respond I may have to explain at times our means of
managing clients.
First, the issue of claiming of benefits – relates specifically not just
to the claiming of benefits. It is to a wider potential audience of
expense to Australia that DIMIA addresses – 1044i states quite
categorically that visa grantees must lay claim neither to social
security benefits nor to community funding.
Next, the question of medical insurance needs in this firm’s opinion to
be expanded on. Your version of the word, “simply� is too vague to our
minds. We believe your usage of the word does not do justice to the
intent of DIMIA. Those entering Australia on this visa do so as
temporary entrants, on a visa that is as close to a permanent visa as
DIMIA could offer.
How much an issue is health? Our team have successfully co-ordinated
the entry into Australia under the 410, of one with a double
mastectomy 3 months prior to visa issue as well as we have by-pass
successes with a transplant being the latest complicated case. So why
let these and others in knowing that health is already an issue?
Because it’s the benefit and community cost and DIMIA not expecting
410’s to take any old cover out – but one that does all that a migrant
can to avoid being a burden.
We have known for a while the overall intent of the visa as far as the
integration of medical insurance and financials and character is
concerned. At all times our clients are being advised to follow the
basic rule of planning before departure – as they may return – not
necessarily of their own volition. Therefore the key role that medical
insurance plays, needs to be carefully considered and not just something
to pay for. Let me expand
As you would be aware gaps in insurance cover do exist – excesses or
exclusions are what they are commonly referred to – and what if a gap
appears? Who pays? The Australian Commonwealth Government, the State
or the local council or the visa grantee? The answer sits in the
wording of the terms of the visa.
Could an excess or exclusion put financial burdens on a claimant? We
say yes. Now it may become clearer where we are heading. You are right
in saying “there is no definitive or quantitative threshold to be
satisfied when making an application for the renewal of a Retirement
visa�. There now doesn’t have to be.
A previously comfortable existence could become difficult to sustain
by poor integration of the two systems – Gordon Brown does not let go
that easily and he has his grip for years after departure. Hence,
why our one to one consultations, have now allocated for our clients
a significant time slot to consider carefully medical insurance;
where we need to rigorously consider the seriousness of this matter
with clients before they buy their cover. With sound planning the
health issue becomes a thing of the past, intending migrants are
given the opportunity to discuss this one on one with our medical
insurance experts.
Poorly planned medical insurance put in place to merely satisfy the
needs of DIMIA could cause financial difficulty indeed an ability to
survive in Australia could come into question – if health fails as it
surely will one day. Possibly leading to community funding being called
in – dare I say.
And dare I say that quoting from 1044i – “You will also need to complete
a declaration (supported by evidence) that you have adequate means of
support for yourself (and your spouse).� – one would look pretty sick if
you had to leave because you had not organised your medical insurance
properly – and you had to pay your own way because of gaps. Nobody
wants to get sick but we all do.
Therefore quality integrated planning to consider implications is a must
– consideration must be given to those amongst us who require hospice
care for Alzheimer’s and the like. What medical insurance covers that?
Sound financial planning pre-departure using the best of both worlds
will consider this properly – something an Australian advisor as you
would know cannot possibly guarantee to do so without considering the UK
financial position pre-departure. Licensing alone would as you now
preclude an Australian advisor being in a position to give such advice.
We as a firm believe many migrants are over-exposed to the rose tinted
glasses syndrome and need a dose of reality, its not just a case of –
“of I will get your visa and I will get your medical insurance� - we
believe the lid should be lifted on all the issues prior to the move.
Hence the “teach yourself to migrate courses�, we now run.
If the issues are not fully explored many would go to Australia of the
opinion that they may have no intention of drawing upon community
funding. But as I have explained above could yet do so as a consequence
of gaps in their cover and as a consequence their capacity to maintain
their ability to live in Australia would come under scrutiny as 1044i
clearly states.
I agree with you on the tax and financial planning issues and you would
be well aware of the store we place in having the very best advice
available for our clients. However our team of Australian Accountants
based in our offices in the UK (which you would also be aware of) appear
from (what you have written) to have a different opinion to yours. You
see we are regularly manoeuvring through our regulated authorisations,
clients into more Australian tax and financial management friendly
financial positions. Our 80 plus Anglo-Australian years experience does
help in this regard. Sometimes what we do is not at first understood by
others – but we have got used to this and conclude that it is simply
because of our years in the business. There is now not much we haven’t
seen – though lots that others have yet to see.
Once our clients are de-briefed then and only then do we link them to
our people in Australia (fully de-briefed Australian accountants and
financial planners who understand how to look after our clients in
Australia knowing why we have made where necessary subtle changes – in
fact they are often in contact months before departure) – too often have
we seen people being linked first and coming unstuck second. The
connection requires both advisors in UK and Australia to maintain
connection – else what happens if the migrant returns??
I am surprised by you comment – “Similarly an understanding of the tax
issues pertaining to the planned move to Australia prior to departure is
a prudent strategy for most ... which is why tax advice from someone
suitably qualified makes sense.�
Why would it not be a prudent strategy for all? Why just most?
But then again some might accuse me of having a vested interest ... :-))
Don’t follow why would you have a vested interest? Your comment could
be read in such a way that it implies that we are not equipped to give
advice. My firm has Australian accountants working out of our office in
the UK as well as Australian qualified Certified Financial Planners.
Hope this helps
Geraint
*****
Re: Retirement Visa Financial Changes
Geraint,
As you might know already, the requirement from a visa perspective on a
410 visa renewal is to ensure there has been no claiming of benefits.
There is no definitive or quantitative threshold to be satisfied when
making an application for the renewal of a Retirement visa.
The Regulations for the renewal 410 visa applicants were amended on the
1st of November, 2003, and now (broadly) "simply" require one to meet
modified health criteria, and to confirm that health insurance from an
Australian insurer has been maintained. There are more details in this
regard here:
http://www.gomatilda.com/news/article.cfm?articleid=276
Of course retirees should also ensure they have good tax and financial
planning in place, so that they understand the financial background to
their impending move, and to secure the value of their capital and
income in A$ terms once they have moved to Australia. In that regard a
good tax and financial planner in Australia local to where the retiree
is planning to live is (in my view) a desirable outcome, as this should
allow the retiree(s) in question the opportunity to develop an ongoing
relationship with a local advisor. Similarly an understanding of the tax
issues pertaining to the planned move to Australia prior to departure is
a prudent strategy for most ... which is why tax advice from someone
suitably qualified makes sense.
But then again some might accuse me of having a vested interest ... :-))
Kind regards.