Hi,

First of all I would like to mention that this is a great forum with very helpful information.

I have recently been hired by a fortune 500 company in Australia and I have asked our HR department if I am eligible for LAFHA. The answer that I got is that I am not eligible because I have a permanent contract.

Is this correct?

This is my situation:

* Currently holding a 457 VISA (sponsered by my employer).
* LAFHA was not mentioned in my contract.
* Previously working and living in the UK (however a Dutch passport holder)
* My relocation (including the Visas) to Australia has been paid by my employer.

So far I have been unable to find the official guidelines for the LAFHA allowance, has anybody got the official link to the government website?

How can I convince my employer that I am eligible for LAFHA?

Any help would be highly appreciated.

Erik

Hi there,

Have a look at this - its the nearest thing you will find to an 'official' document !

http://www.gomatilda.com/news/documents/The_Living_Away...m_Home_Allowance.pdf

Also search for LAFHA in these forums and read previous comments.

The fact that you have a permanent contract shouldn't make you inelligible for LAFHA. The fact that you have a 457 visa and therefore will have to return home once your visa expires is more important.

However LAFHA should be negotiated as part of the contract and generally cannot get added retrospectively.

Unfortunately your employer does not have to give it to you - so I am afraid you will just have to live with it if they say no !

See also these extracts from ATO Private Rulings:
http://www.ato.gov.au/rba/content.asp?doc=/rba/content/77822.htm
http://www.ato.gov.au/rba/content.asp?doc=/rba/content/61992.htm

The first Ruling has a fair amount of comment.

Best regards.