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Post by barnsy on Dec 20, 2012 10:17:29 GMT 7
Not sure where to put this sorry.
I was told by my legal aide solicitor that centrelink wants me to provide a signed stat dec that i will annul my marriage to my philipino wife and get a doctors letter saying i can not fly.
First is thier a law they say c/l can make me annul my marriage.
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Post by Banjo on Dec 20, 2012 11:01:49 GMT 7
I think your solicitor would be better qualified to answer that mate. I would say not, but they want some proof that you don't have that connection to the Philippines. Why not do the stat dec but just don't put a date of the intended annulment on it?
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Post by bundyrum on Dec 20, 2012 17:23:11 GMT 7
c/l can't annul..your marriage..your in Phillo right...as u know U cannot divorse..u r married to death...annulment will give u the right to marry agian and is costly..and if u can't fly how do u fly back to Aussie....u can have a disability and still fly..sounds like some1 is giving u bad advise. A big problem with the Catholic church over there.c/l is even worse. Alot more will be kicked of DSP.. now 370 ...odd million will go to the refuges..who are not refuges as they haven't qualified..yet. We have very stupid politicions...who all got a big pay rise..when we have around 120,000...living on the streets..500,000 can't afford rent..so Gillard and Rabbit are both just pieces of chit...see what Lawyers do..at least I can buy skyrockets and not be told By Mamma Gillard...I won't let that...bloddy Nanny chithole.have a nice Xmas all.
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Post by latindancer on Dec 20, 2012 17:39:28 GMT 7
Barnsy, I just read a few of your previous posts. You are on DSP, right ? Are you approaching the age at which you can get the Old Age Pension ? It'd make things a lot easier if you are. I think that currently you are in the same position I was. I married a Thai lady and was told that because I was married I would not be paid anymore whilst overseas....as I would be deemed non-resident in Oz. So I had to return to Oz. We applied for her Migration Visa and there were no problems. The visa took 6 months to be processed. About a year ago the "means test" was removed, so your means to support her does not affect her migration any more. In other words, a person on DSP can sponsor their spouse to migrate to OZ.
Perhaps your solicitor was suggesting that the only way you can continue to live overseas AND get paid by Centrelink is to get your marriage annulled. I suppose that then you would have to apply for her migration as a fiancee. In such a case you have to get married within 6 months of her arrival in Australia. It's a stupid situation, I know....but it might be the only way you can live O/S, then bring her here. You have kids with her ? I think that makes things easier for migration.....
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Post by peter on Dec 20, 2012 19:31:22 GMT 7
Hello Latindancer,
Are the fees for processing a fiance visa reasonable ?
What if she was a wife already, any difference between a wife visa and fiance visa?
And upon her arrival in Oz, the DSP or OAP would have his pension cut back to half the married rate.
Any benefit applicable to the newly arrived lady? I am thinking of the Special Benefit.
And any restriction on her employment as I have come across cases where newly arrived wives are doing welfare work.....working in St Vincents as volunteers to comply with some benefit or other but I could not work out which benefit...............probably New Start........but that does not make sense cause if it was New Start then why not work?
With restrictions being imposed as they are, it is a better option to consider bringing a wife here, rather than taking oneself elsewhere to live with her with all the potential problems that go with that........in laws being one..............Centrelink being another............and Medicare another.
Life in Australia for a compatible couple is better than life here as a single, and far better here than elsewhere if kids are involved.
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Post by chrisnouy on Dec 21, 2012 2:03:28 GMT 7
latin dancer did you get anything in writing about not being paid while overseas As far as i can see the only restriction they can put on somebody married to a " foreigner" is a reduction to half the couples rate You cannot be declared a resident in Thailand thats for sure
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Post by Banjo on Dec 21, 2012 7:26:26 GMT 7
They certainly try to prove you a resident of another country which is the reason DSP recipients should avoid things like permanent relationships, houses in their name, motor vehicals, businesses, bank accounts etc etc overseas.
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Post by latindancer on Dec 21, 2012 7:35:24 GMT 7
Hi Peter, No....the fees are NOT reasonable. I our case (married already) they were AUS $2000, but I think that for a fiancee it may be less. Anyway, it's not much of an option to annul your marriage, is it ? I'd want to get more advice on THAT before you go ahead and do it ! I have wondered if a special benefit could be applied for, but I'm afraid I simply don't know. I myself hope to re-enter the workforce before my wife arrives.
Hi Chris, No....I did not get anything in writing, and have always wondered about that. A woman from Centrelink International phoned me while I was overseas. However they referred to the situation in correspondence later. They also sleazed their way out of my appeal of that decision. Quite slimy, the way they did it. As I recall, I was declared non-resident in Australia on account of being married to a Thai lady and "setting up house with her in Thailand". You can not have your Australian citizenship taken away, but you can be declared non-resident. And for the purposes of DSP payment, you need to be resident here, but overseas temporarily. Being on OAP, you are treated differently. As you know, if you're O/S for too long, you lose your Medicare entitlement.
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Post by Banker on Dec 21, 2012 8:33:22 GMT 7
They certainly try to prove you a resident of another country which is the reason DSP recipients should avoid things like permanent relationships, houses in their name, motor vehicals, businesses, bank accounts etc etc overseas. When I received the papers to change from DSP yo OAP, they had put that I was a resident of Thailand. I scratched that out & put that I was a resident of Australia, sent it back. Then a guy called me about that and another matter and he kept saying I was a resident of Thailand. My reply was that's being stupid as I haven't been in Thailand for 4 years.....then silence from him! I told him to check his records and I said where did you send the forms to? It was then he became tongue twisted, so I replied that they sent the forms to Cambodia where I had been staying for 4 years. For some reason he changed the subject. DO NOT let the C/L staff try and bluff you.......They are only public servants. Did I tell you NOT TO TRUST THEM and THEY ARE NOT YOUR FRIEND.
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Post by latindancer on Dec 21, 2012 14:17:45 GMT 7
They can get around this easily enough and simply declare you to be non-resident in Australia. Strangely enough, Banker, I had something similar happen to me. The creature from Centrelink International who phoned me while I was in Thailand (and told me I would not get paid if I continued to remain there) started talking about my wife coming to Oz "from the Philippines". I took a perverse delight in correcting her, but it just goes to show that there is NOTHING LIKE personalized service there. They are just pen-pushers and pants-polishers who desperately want to retain their precious jobs. The woman concerned had obviously not taken into account my wife's details or the details of WHY I am on a DSP (a major depressive disorder), and effectively caused me to be separated from my newly-wedded wife. My life had already been tough enough, meeting her and then travelling back and forth from Thailand every 13 weeks, whilst on a shoestring budget. And this Centrelink creature then interfered with my personal, private life. Luckily, due to a more sensible person I later approached, I was able to spend 13 weeks in Thailand during Winter, when I REALLY get depressed (Seasonal Affective Disorder). Though by then (mid June), my life was in disarray so much that I could not get there for longer than that.....I was already seriously depressed by the time I arrived. In retrospect, I should have married in Thailand and not mentioned it to Centrelink. Then simply sponsored my wife to Oz on a fiancee visa, and married again in Oz. (we needed to marry in Thailand in order to live together.....my wife is a local teacher and needs to retain the respect of the local community).
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Post by Denis-NFA on Dec 21, 2012 17:09:10 GMT 7
LD
i don't think there is much difference in cost for married visa or fiancee visa. Only difference is you have about 6 months to get married with the fiancee visa.
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Post by Deleted on Dec 21, 2012 17:14:30 GMT 7
hi,you have 9 months to marry from time pmv is granted,and the visa fee is going up 40% on 1/1/2013,dont you just love them .its not cheep at all.
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Post by peter on Dec 22, 2012 7:42:45 GMT 7
Wow, increasing the fee! Any discount for Pensioners? These gold plated public servants cost a fortune.
In future it will be extremely difficult to declare a DSP non resident, simply because the six week rule, makes that impractical. So residency issues for DSP's relate to the past, they will not come up in the future.
Whether its right or wrong, they now got a six week overseas limit which makes the system simple to administer.............and simplicity is the hallmark of any good system. But its only a patch and repair job on one issue, the rest of Social Security has rules and bylaws galore..............no systematic approach...........but lots of patches and extensions to curry favor with an electorate drugged with money for nothing promises. The only good thing to say about it is that its much simpler than the Tax Act.
Marriage? Well it can be a dream come true or one's worst nightmare.............especially with women hunting ways to come to Australia or USA..............chat sites are overload with such...........and a mercenary motive underlies much motivation..........not love and romance......and not "my darling".
There is a limit of two sponsorships by any one person. This came about after that fellow in Adelaide sponsored seven..............each one ending in divorce.........and he deciding to "try again".
It also happened that some of these serial sponsors murdered the women.............quite a few cases including the fellow who murdered the sponsored wife and bricked up the body in the fireplace. That was in Tasmania.
I recall publicity at the time concerning "evil Australians murdering sponsored women". I noticed people looking at me suspiciously no doubt wondering if I also was one of the "evil murderers".
It was also a system abused by certain ethnic communities intent on bring the tribe to Centrelink.
So the limit of two sponsorships limited the turnover numbers and probably forestalled a great deal of personal distress to many people.
Whether its worth the effort...............is a personal matter...........but let caveat emptor apply and good luck to the brave!
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Post by Denis-NFA on Dec 22, 2012 9:58:42 GMT 7
Peter, I agree with everything you said!
Fortune favours the brave but not people who do not help themselves.
Cheers
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Post by Denis-NFA on Dec 22, 2012 10:52:47 GMT 7
@terry,
Thanks for that info.
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