What to say when arriving back to Aust.

[aussiebernie]

I am heading back to Australia in a couple of weeks after having lived in Thailand for nearly 12 years.
I need to some how get my residency back.
Has anyone suggestions on what I should say at the first interview.
I know that if I say the wrong things I will have an uphill struggle later on.

Any suggestions please

[scuzzy]

There is a member named Egem who has been posting over the last week or so in the section 'Portability and Residency'. I'd reach out to her for advice because she has just recently gone through all that, although in her case she didn't realise she was no longer a resident and by coming back had residency forced upon her, thus costing her her grandfathered status, which has all sorts of implications as she's now bound by restrictions inflicted upon 'former ex-residents'.

I'm assuming that you are grandfathered, that means that you were on DSP in 2004 and were overseas on a certain date and met certain criteria, meaning that you got unlimited portability but lost Australian residency.

If I were you, I would closely analyse and weigh up everything before you do anything that will lead to an automatic surrendering of your Grandfathered status, because once it's gone, it's gone.

There may be a way for you to have your cake and eat it to, It all depends on why exactly you need your residency back.

[aussiebernie]

Thanks scuzzy for your response. I have not been on DSP. so I am just a former resident and not having gone back for 12 years will make it even harder to claim residency.

[scuzzy]

Jun 28, 2012 12:56:29 GMT 7 aussiebernie said:

Thanks scuzzy for your response. I have not been on DSP. so I am just a former resident and not having gone back for 12 years will make it even harder to claim residency.

Well, I know if Centrelink deem you as an ex-resident (or former resident) then if you do go onto DSP then you'll be excluded from applying for unlimited portability for 2 years. But that probably doesn't matter much because I think most of us agree that just about no-one would end up being granted unlimited portability anyway, and in fact many may loose their DSP in the process. So I guess you're not missing out on much there.

Will you be applying for DSP? If so, they ask your passport number so they can check with immigration, so they'll make their own mind up about whether or not you're a resident based on your travel records. From what I gather, It doesn't take much for them to consider you a non-resident.

Also, you have to be a resident to apply, so this is something that will emerge fairly early on in your assesment I would imagine. But, from what I've seen from other peoples cases who were on DSP and who were grandfathered (therefore not residents), some were classed as residents again by Centrelink simply asking them "So you're coming back to Australia to live are you?" and them simply answering "Yes". But that's people who were on DSP.

The 'Guide to Social Security Law' is a good online resource to draw on for these kinds of questions. Plus, if you read it there, it's come straight from the horses mouth, so there's no fear of ambiguity. You're reading the law Centrelink use to apply to 'customers'. Use the 'search' box and the highlighted 'hyperlinks' to help you get to the parts relevant to you. Otherwise it can be like being lost in a maze.

[chrisnouy]

I was declared a former resident when i was out of the country on dsp in 2010 and my payment was stopped
They said i had only come back to australia a year earlier and needed to serve the two year waiting period
After a long fight i showed that i had been out of Australia working in korea I had come off dsp to go to work in Korea cos i couldnt live on the pension in oz and risked my life (heart disese) by returning to work. i finally stopped work when my upper left vntrivcle was down to 42% efficiency
Because i had an address (in australia and a bank account for all of my absences they finally conceded
I point you to the last line of all the bumf re Former resident
it states that the rule is to prevent people who came to Oz got residence and then scooted for the next years and were ONly returning to get the pension I had to wade through the whole website including all the history and found this wedged away in the last linbe WHY? Cos they dont want you to know Look it up

[peter]

Hello Aussiebernie.
You mention that you have not been on DSP. So you will be a former resident resuming permanent residence after 12 years away.
I was the same, a former resident who resumed residence after 15 years away.
There is one difference. I was 67 when I resumed. You will be 63.
So I claimed OAP upon arrival with some apprehension as I did not know the system.
It was quite straightforward. I filled in the forms, gave all the relevant details and put the forms in. I have no assets and filled the forms in as such. No questions were asked on the forms as to why I returned to Australia.
I was concerned as to how I was to be classified as a permanent resident since I had only been here a few days. I asked if I should do a stat dec as to intention, but got no response and was told to just leave it to the "Processing team".
I was concerned about the assets questions since I have none and thought that that might produce a few questions. Did not happen. I think that they just put my name through the big computer and it came up empty.
Identity was the main barrier. They want id to the value of 100 points. I think having been born in Australia was an advantage........easily able to be checked.
Since you are 63 your choices will be New Start or DSP.
No questions were asked as to why I came back to Australia except by Medicare and they were quite viscious about it. I only went to Medicare to get it for ID. Big mistake. They wanted me to prove I was a returning resident.......evidence of closed bank accounts......closed house lease........sale of car........and when I could not do that they contacted Centrelink that I was one of those "who needed to be reconciled with the list of eligibles", in other words..........have a closer look at this guy.
So keep that in mind. Centrelink want evidence of who you are. Medicare wants evidence of cessation of overseas residence. Big difference.
Be aware that the 35 AWLR rule now applies to exportable OAP.
Centrlink should not be a problem, provided you are present and have the necessary ID. Bring some Thai id with you. Its not worth much here......but its worth a bit for opening a bank account for example.
And if you have ever had an Australian Drivers Licence, get it renewed.......because it is a big points one.

My drivers licence of fifteen years ago was dug up out of the computer............interlinked to all states..................it was a NSW licence and dug up in Queenland Dept Of Transport............and because of that ancient licence I was able to be issued a current Queensland driver's licence and that was very very helpful.
From my experience, you would not have much problem but you will be applying for New Start or DSP so some difference.....................but the residency matter should be the same for all.

[latindancer]

Jun 29, 2012 13:56:39 GMT 7 chrisnouy said:

I point you to the last line of all the bumf re Former resident
it states that the rule is to prevent people who came to Oz got residence and then scooted for the next years and were ONly returning to get the pension I had to wade through the whole website including all the history and found this wedged away in the last linbe WHY? Cos they dont want you to know Look it up

This info will be very interesting to certain people both here and on the pensioner forum.

[peter]

Yes, it states that the rule is to prevent people returning to get a pension and then departing again.

They then state the two year rule of residence to establish permanent residence before any benefit can be paid overseas. At least that is for OAP. Maybe other benefits have the same rule but I am not sure and in any case the exportability is only six weeks.

The Agreement country procedure was to extend the Australian benefits system to those countries that extended theirs back.................a knock for knock type system.

But its not a universal system..................maybe it covers two thirds of out of country Australians.

The other one third, are in non Agreement countries and are thus in a sink or swim situation.

If they swim or fly back to Australia, they receive a mean reception as if they are here to pilfer the Australian benefits system............rather than to obtain an entitlement.

John Howard called these measures as measures " to protect the integrity of the Australian social security system.

But if they really wanted to do that there are many other ways and if I made a list it would be a long one.

If anyone plays the system for gain it is the Australian government who boast................we shafted the overseas countries for twice as much money out of them for their people here, as we pay them for our people there. Are we not smart!!!

Yes, smart arses.

Because they have absconded from granting benefits to those marooned in non agreement countries and in particular the OAP..........which its reasonable to think should be an entitlement regardless of location according to need. Its a saving the Australian Government obtain by pilfering the benefits due to the aged.

[aussiebernie]

Thank you for all the replies to my post.

I arrived back 12th July.

Opened a bank account on the next day. I could do it with only my passport, but had to show my boarding pass because I have a new type passport and it had no arrival stamp.

Next was Centrelink. They took my details and then I used one of their phones to arrange a phone interview. That is tomorrow.

Medicare wanted 2 forms of ID. Closed bank account or terminated lease agreement from Thailand or lease agreement from Aust. I am staying with my son. Used my bank details, passport and a stat dec from my son saying that I was paying him rent. Everything went smooth and 15 minutes later I walked out with my medicare number.

I will let you know how I go with the phone interview.

[Banjo]

Nice result.
Good work by our members.