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SJ272

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Everything posted by SJ272

  1. I’m sure everyone here has the utmost compassion for all victims of violent crime, no matter their race. It’s one of the main reasons for emigration.
  2. Yup, highly misleading video if that’s the case. “As of July 2018, there were over 733,000 pending [asylum] immigration cases and the average wait time for an immigration hearing was 721 days.” https://immigrationforum.org/article/fact-sheet-u-s-asylum-process/ They have moved to a last-in-first-out type process for asylum hearings due to the upsurge in frivolous applications in the last couple of years, so their case will probably take somewhere less than average. Hopefully we’ll be kept updated on the outcome of this one - I can guess at what the basis for the asylum claim will be. As malamute says, many cases have been denied. The same source linked above notes just under 62% of asylum cases denied in FY2017.
  3. I haven’t looked at the video but asylum claims take months to years to adjudicate here, so it’s clearly BS if the claim was 2 days. So sad that our beautiful country manages to produce such hate-filled people amongst all the good ones.
  4. SJ272

    Possible Pregnant Wife - Dv Lottery 2017

    You can access /update the DS260 (by emailing KCC to ask them to “unlock” it) until you have an interview scheduled. If the baby is born too late for that, then yes just inform the interviewer (maybe call or email the consulate ahead of time to “warn” them, it can’t hurt). Be sure to apply for a long-form birth certificate and passport as soon as the baby is born. Sounds like you have a very exciting year ahead of you
  5. SJ272

    Passport Renewal

    Glad to hear it’s on the way, Oscar. One thing I will rant about is an unexpected closure of the consulate - when they decided to take an entire week off rather than just the 2 public holidays in that week, with no notice on the website or anywhere else. Likely cost Oscar a week of his wait. Cost us the chance to get it all done at the consulate rather than getting fingerprints, notarized statements etc elsewhere. (And yes I did email to ask /check they’d be open, 3 times to 3 different email addresses within the consulate, with no response from any of them. Security guards in the building told us a number of others had also had to be turned away.)
  6. SJ272

    Retention of SA citizenship

    For those of you that filed these forms in the US, especially if by mail - how long did the process take? Do you get confirmation that the form has been processed? Any issues in the process? we’re probably going to be back in SA during the summer and I’m wondering if it’s worth spending an hour or 5 in a local home affairs office and doing it in person rather. Any thoughts on this?
  7. SJ272

    Retention of SA citizenship

    Here’s a KPMG article on it that describes it properly. https://home.kpmg/xx/en/home/insights/2018/01/flash-alert-2018-020.html the main point to note is that it’s not blanket anyone who is a SA citizen and hasn’t financially emigrated as is implied by the one newspaper article - see “who will be affected” below. The background indicates that this is indeed part of the push to get tax from those people who are working in Dubai etc and not paying any tax in SA because of the physical presence exemption but who don’t have tax residence anywhere else either. Another article I read that wasn’t as detailed said that if you have tax residence elsewhere (home, family, assets, pay normal tax there etc) this doesn’t affect you, it is aimed at SA tax residents abroad on employment contracts. Who Will Be Affected? The new cap will mainly affect South African tax residents working abroad; either as self-sponsored individuals who take a job opportunity in a foreign jurisdiction, or as employer-sponsored assignees that may or may not be tax protected/equalised. Background South African tax residents are taxed on their worldwide income through the residence-based system. While DTTs exist to prevent double taxation under certain circumstances, a specific provision in the South African tax legislation provides a pre-emptive exemption, i.e., an exemption that statutorily limits South Africa’s taxing rights based on a set of criteria. Many South African tax residents work abroad for a period during their working lives. Section 10(1)(o)(ii) of the Income Tax Act, No. 58 of 1962 (ITA) exempts employment income received by a South African tax resident during any year of assessment for services rendered outside South Africa for or on behalf of any employer, if that individual was outside South Africa for: a period or periods exceeding 183 full days in aggregateduring any 12-month period, and a continuous period exceeding 60 full days during that 12-month period. The exemption is only available to employees of private-sector companies. According to National Treasury, the exemption of foreign employment income from the South African tax net appears excessively generous, particularly in instances where the individual worked in a foreign country with a low or zero personal income tax rate.
  8. SJ272

    DV-2019

    The sending things to kcc is new this year. I’d suggest you send the other documents with a note that you’re still waiting for the PCC and send it along when it arrives.
  9. SJ272

    Retention of SA citizenship

    SARS definitions - http://www.sars.gov.za/ClientSegments/Individuals/Tax-Stages/Tax-and-Non-Residents/Pages/default.aspx According to this I still don’t see how an expat actually living abroad is subject to the above. Is the above perhaps some kind of crackdown on people who are living in SA but have somehow got themselves classified as non resident for tax purposes? Or linked to previous talk about getting people working in tax free locations? Details in the text and the last paragraph especially NON-RESIDENTS South Africa has a residence-based tax system, which means residents are, subject to certain exclusions, taxed on their worldwide income, irrespective of where their income was earned. By contrast, non-residents are taxed on their income from a South African source. Avoiding double taxation Since tax systems differ from country to country, there is a chance that a particular amount could be taxed twice. This possibility of double taxation is, however, often alleviated by tax relief contained in various Double Taxation Agreements (DTAs). These DTAs are international agreements contracted between countries to deal with potential competing taxing rights against the income of the same taxpayer. DTAs are important for encouraging investment and trade flow between nations. South Africa has DTAs with a number of other countries with a view to, amongst other things; preventing double taxation of income accruing to South African taxpayers from foreign sources, or of income accruing to foreign taxpayers from South African sources. Top Tip: Do you need to apply for a directive for the relief from South African tax on pension and annuity income or want a refund of tax that was withheld, click here for more information. Why do we need to know whether an individual is a non-resident? Although South Africa taxes residents on their worldwide income, taxpayers who are non-residents will be taxed only on their income that is sourced in South Africa (such as interest on capital invested in a local bank; or rental income generated from a fixed property situated in South Africa). A distinction therefore needs to be made between a resident and a non-resident for tax purposes. In addition, certain tax exemptions are afforded to residents and non-residents. For example, any amount of interest received by or accruing to a non-resident will be exempt from tax in South Africa, provided certain criteria have been met. Who is regarded as a non-resident? Let’s start by defining what we mean by "resident". Understanding that, you will know whether you meet the criteria or not and thus whether you can be regarded as a resident or a non-resident. Under South African law there are different types of residents, for example a resident defined by the Income Tax Act, 1962 in terms of the so-called "physical presence test" and an ordinary resident defined in terms of South African common law. Any individual who is ordinarily resident (common law concept) in South Africa during the year of assessment or, failing which, meets all three requirements of the physical presence test, will be regarded as a resident for tax purposes. An individual will be considered to be ordinarily resident in South Africa, if South Africa is the country to which that individual will naturally and as a matter of course return after his or her wanderings. It could be described as that individual's usual or principal residence, or his or her real home. If an individual is not ordinarily resident in South Africa, he or she may still meet the requirements of the physical presencetest and will be deemed to be a resident for tax purposes. To meet the requirements of the physical presence test, that individual must be physically present in South Africa for a period or periods exceeding – 91 days in total during the year of assessment under consideration; 91 days in total during each of the five years of assessment preceding the year of assessment under consideration; and 915 days in total during those five preceding years of assessment. An individual who fails to meet any one of these three requirements will not satisfy the physical presence test. In addition, any individual who meets the physical presence test, but is outside South Africa for a continuous period of at least 330 full days, will not be regarded as a resident from the day on which that individual ceased to be physically present. If the individual is neither ordinarily resident, nor meets the requirements of the physical presence test, that individual will be regarded as a non-resident for tax purposes. This means that individual will be subject to tax only on income that has its source in South Africa, for example, interest earned from a South African Bank; rental income earned from a property in South Africa; and services rendered in South Africa.
  10. SJ272

    Retention of SA citizenship

    I don’t understand why this is an issue for expats, can someone clarify? The article says “...South African tax residents abroad...” people living elsewhere are generally not tax resident. The article is not clear at all on the exact requirements. It talks about South Africans “working abroad” (not living abroad). Does anyone have a link to the SARS directive /publication on this?
  11. SJ272

    New Arrival Proceedure SA Customs JHNB

    Thanks for the update, Oscar.
  12. SJ272

    Passport Renewal

    No, in the queue for N400. Filed in October, 5-year GC anniversary is only end of this month, estimated completion Oct 2019....
  13. SJ272

    Passport Renewal

    The thought had actually crossed my mind, but we need both parents at home affairs for under 18, and then we can’t leave the little one behind, so it’s not just $$ for all 4 but taking everyone out of school and work for 2 weeks... not very practical ..
  14. SJ272

    Passport Renewal

    Ugh. Kid wants to do a Europe tour with school in June. Her passport expires October but a couple countries require 6 month’s validity left to enter so she'll need a new one. And payment has to be made by Feb. all cuttIng it very fine,including getting the visa ...
  15. SJ272

    Passport Renewal

    Any recent updates on time it takes to get passports renewed from LA consulate? has anyone gone in in person to get it done?
  16. SJ272

    Thanksgiving

    Happy thanksgiving Shaun and everyone! yes, we’d had no idea just how big a holiday Thanksgiving was until we got here. This is the holiday more Americans go home for than any other apparently. We happened to spend our first one with friends on the slopes learning to ski .... we did a big traditional TG dinner in our rented cabin but it was all deli bought!
  17. SJ272

    Retention of SA citizenship

    For now..I just realized that if I don’t get my oath before my older kid turns 18, which on their timeline I won’t, we will actually still have to do one for her... lol. First world problems!!!
  18. SJ272

    Retention of SA citizenship

    Our certificates arrived back today, with a note that the children don’t need them because they automatically retain citizenship if they’re under 18. So just about 2 months from when we sent them in, probably would have been a couple of weeks faster if we hadn’t missed that we needed to send those affidavits plus copies of green cards in. By the way we had sent everything in one envelope with one money order and one return envelope, all worked out fine.
  19. For those of you who are required to file FBAR and have been tardy... today is the last day of the automatic 6-month extension.
  20. SJ272

    One last step!

    Not sure about the “almost” with my FO estimating 12-15.5 months processing!!!! , but hoping I’ll be as lucky as some of the others here and get it done sooner.
  21. SJ272

    One last step!

    FYI I got an error message the day I was eligible, telling me I couldn’t file before that day (!), but I filled it in and just tried to submit the next day and it worked fine. So it seems there is a tiny glitch with the 90 days before filing online, but you can do it 89 days before
  22. SJ272

    Immigrating to USA as a teacher

    The entry period will be 3 October- 6 November and the draw will be in May (if it is as per usual, the first working day of May - I don’t think exact draw date has yet been announced).
  23. SJ272

    One last step!

    I’ve seem a number of people filing online 90 days before so I think it’s fixed. I know it doesn’t allow you to start the process if you are not exactly within that 90 days.... but I’ll come back and report by the end of this week what happened our FO says 12-15 months Congrats on your citizenship too!!
  24. SJ272

    One last step!

    I didn’t even think about the fact that different applications might just take longer to process. I hope you’re right! question, did you file N400 online, and if so did you “frontload” with tax transcripts etc or did all those wait till the interview?
  25. SJ272

    Immigrating to USA as a teacher

    Firstly, she’d need a work visa, and any route to immigration in the US would not be certain via a work visa. That would require her employer to sponsor her in due course for a geeen card, which is a complex process involving labor certification etc. but if you are ok with coming over on a work visa recognizing the risk that you may have to return home at some point this can be a route to go. For work visas you need someone to sponsor you, for teacher that would usually be a H1 visa. (An H visa is “dual intent” and allows for a possible conversion to green card, subject to the employer filing for it and various criteria being met.) It will probably be quite difficult for a H1 to happen as a teacher (I presume you mean school teacher, it’s easier for university academic staff members) because the sponsoring organization has to show it is unable to find local people to do the job being sponsored, and because each state requires that teachers in its state be licensed there. She might have more luck with a J visa, see https://j1visa.state.gov/programs/teacher/ ,but this is a non-immigrant visa with a 3-year limit and requires that you spend 2 years out the US before being able to repeat it. (Also note that a bachelor degree equivalent usually means 4 years for the US, so assumes an SA honours degree if it was a 3-year B-degree in SA; I know some of the older education B degrees in SA were 4 years long but not sure if that’s still the case?) My understanding is that it is easier to get into Australia or Canada using this kind of route, work visas in the US tend to be much harder to get. in the meanwhile long shot as it is, suggest you enter the DV lottery in its next round (should be open October), it’s how a number of us here got into the US.
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