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Post by howdo on Mar 9, 2012 13:50:16 GMT 7
well ok i had a phone call from C/IS about me wanting to leave soon,(but i have family reasons to stay here at the moment) about leaving now,not allowed because of time spent away.in a couple of weeks he said i could have a month out of aust max? we talked about residency which i have proven.if i am allowed one month but not 13 weeks. i have been travelling since 2004 and spending 9 months a year away so anyone with similar travel are you having the same problem as me? ihave had a phone interveiw but no reveiw ,i have had 3 jca in the past 6 years. i am grandfathered been on dsp since early 2004. 1st left the day they changed from 26 to 13 weeks! so i will do my family things then "APPLY" to leave!! i already lost 2an a half kilos!! i need out!! thanx Mate they can not tell you how long you can leave the country for as long as you are within the stated guidlines. I would go in for a face to face meeting with this guy and ask him to show you where in the guidlines it states that he can decide how long you can go away for and ask him to put it in writing and sign it.
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Post by zorro1 on Mar 9, 2012 13:57:46 GMT 7
This is pretty basic stuff but its good to remind ourselves how we report our departure. Making a short simple statement " im calling to report my departure on the XXXX.
Never ask C/L a question that will sidetrack the issue at hand. Is it okay to leave or may i go type of questions can open up a can of worms as the call taker starts to dig into your files
i have found through my calls that they can be very misleading by providing incorrect "guesses" about our situation.
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Post by anotherdsp on Mar 9, 2012 14:23:14 GMT 7
yep ok thanx for that.so if i am allowed a month,i wonder wether they would cut me off after my month was up but still within 13 weeks? iam sure when i ring up i get the same guy for some reason,i.e a red flag? but i was catourgorised as in the " not to bad serial travellers" or whatever! well at the moment i am busy here in aust so i will talk to them in a week an if he sez the one month again i will ask for that in writing an see where that goes.so far i have been very respectful an agreefull with this "specialist" but when i ring next i will say i am going for the month but with a veiw to stay longer and see what that will start up an start to argue with this decision. my location is a bit hard the local branch does not know much on this subject.(i live in the far nth wst aust)
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Post by Banker on Mar 9, 2012 16:45:32 GMT 7
I agree with rowdy on this, get it in writing, go to or contact WR & see what they say.
It has been proven on this forum many times that C/L staff make their own rules.
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Post by anotherdsp on Mar 28, 2012 15:55:07 GMT 7
ok well,just received a letter from the turnkey at CIS,they are notifying me that they have completed a reveiw of my residence status.the evidence i have provided has been accepted and i (turnkey) have decided that you are CURRENTLY an australian resident for social sec purposes.in deciding whether you are residing in aust the usual factors,accom, ect ect .as a result of your return to reside in aust,it is expected that any future absences will be short term and that you will spend the majority of your time pysically in aust. ok well i did not know that they were reveiwing my residency status,they did not actually say it,i like how they worded it as CURRENTLY =(so if i overstayed my 1 month they can say then that after one month i am not a resident again an obviusly stop my pension? also where it states "as a result of your return to reside in australia" so they were saying that i was not residing maybe when they started their reveiw. to late to ring them today but i will speak to my "specialist " tomorrow as i will b ready to go by the 16th april an see about extending my ONE MONTH ,grace ( out of the goodness of my heart).really one month finacially is just about impossible for with 4 airflights,so anyone with any tips on how to beg for extra time out! ok thanx i hope this is of some use but it doesnt really say much but it has a couple of keywords which for people who are going through this prob might help.but it is still all about residency ties to aust not to o/s,the time spent o/s is a negative factor while family and accom in aust is a positive, so for any that has not been asked about this and is, it is best to answer in the positive side of your case.this is the part that is open to interpretation by whoever you talk to!there seems to be no dotted line on time in/out!!!!
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Post by Banjo on Mar 28, 2012 17:24:30 GMT 7
You need to appeal this and ask for the decision to be reviewed by the ARO. You'll talk to him on the phone and make sure he understands you're prepared to take this as high as you can. Point out it will be an expensive exercise for them while you will just be marking time until the legislation changes and comes into force on June 30th. I may give them a ring myself next week and find out what they consider to be a reasonable time for my next overseas trip.
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Post by Banker on Mar 28, 2012 19:06:32 GMT 7
These people working in Centrelink are playing God.
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Post by anotherdsp on Mar 29, 2012 12:24:58 GMT 7
ok round 1,rang CIS today the 1st phone call went smooth no probs but i did not think she knew what was happening got the ok for 13 weeks,got a receipt number.she will send out a letter ect.then sat down an thought about it an rang her back an bang red flag popped an then was put on to the specialist!!well long story short he pulled the resident thing an he said if i leave i will be cut off an have to reapply again not be reinstated?then he said the best way he could get me a longer time overseas(to offset the cost of travel) is for me to go through the appeals system an that means his decision on being a resident is stopped to the end of the appeals process an that leaves me no probs with me going for 13 weeks(except for maybe the SSAT process?) then if i lose the appeal i will have to stay a long time in aust. if i win i will have no probs travelling again? And he talked a little bit about the new laws about unlimited portability after july that the law will be very hard for anyone to pass and he doubts the chances of most people to qualify?? so i intend to leave aust on the 18th for the 13 weeks grace period but i am sure i will be back before then(not by choice).
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Post by Banjo on Mar 29, 2012 12:41:39 GMT 7
How can he tell that the new legislation will be difficult for people to qualify for when no one has any idea what the criteria are going to be? He's talking out of his arse, especially when he says that if you leave the country you will have to reapply for the DSP when you return. What happened to the 13 weeks you could stay out unpaid with automatic reinstatement when you returned? I don't remember that being changed or any plans to change it.
I don't suppose you happened to get his name? Don't put it on the board send me a PM.
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Post by rowdy on Mar 29, 2012 13:15:17 GMT 7
ok round 1,rang CIS today the 1st phone call went smooth no probs but i did not think she knew what was happening got the ok for 13 weeks,got a receipt number.she will send out a letter ect.then sat down an thought about it an rang her back an bang red flag popped an then was put on to the specialist!!well long story short he pulled the resident thing an he said if i leave i will be cut off an have to reapply again not be reinstated?then he said the best way he could get me a longer time overseas(to offset the cost of travel) is for me to go through the appeals system an that means his decision on being a resident is stopped to the end of the appeals process an that leaves me no probs with me going for 13 weeks(except for maybe the SSAT process?) then if i lose the appeal i will have to stay a long time in aust. if i win i will have no probs travelling again? And he talked a little bit about the new laws about unlimited portability after july that the law will be very hard for anyone to pass and he doubts the chances of most people to qualify?? so i intend to leave aust on the 18th for the 13 weeks grace period but i am sure i will be back before then(not by choice). A bit of good old Centrelink bullying going on here for sure. Every conversation I have with them from now will be taped and used against them later if need be. The criteria for unlimited potability is already there in black and white, it just hasn't passed yet. I would have asked him what the criteria is going to be for unlimited portability and when his response was inconsistent with the proposed amendments, highlighting that he is just an incompetent Buffoon, I would have called him out on it.
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Post by anotherdsp on Mar 29, 2012 13:27:59 GMT 7
to banjo an rowdy,i am even more distrustful of them now an wonder if i should book my flights(he said no probs).so what would be the time span on waiting for the ssat appeal if it goes that far? i dont need to be here for an ARO?? omg now i will have to read the appeals process any suggestions for me,i find i am just no good at this an talking to them.to banjo i have his name but how do i send a personal msg,i hope you want get me in any trouble if i let you know?! lol
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Post by rowdy on Mar 29, 2012 14:10:59 GMT 7
to banjo an rowdy,i am even more distrustful of them now an wonder if i should book my flights(he said no probs).so what would be the time span on waiting for the ssat appeal if it goes that far? i dont need to be here for an ARO?? omg now i will have to read the appeals process any suggestions for me,i find i am just no good at this an talking to them.to banjo i have his name but how do i send a personal msg,i hope you want get me in any trouble if i let you know?! lol I am not really sure where you are at. Did he say he would cut you off if you left again?? This is where we need to insist on any decisions they make being in writing. As soon as he mentioned ARO, I would be saying something along the following, "look, you have indicated to me that you are making, have made, or are going to make a decision that may effect my centrelink entitlements. That being the case can you please advise me in writing in writing so that I can full understand the nature of your decision".
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Post by anotherdsp on Mar 29, 2012 15:38:59 GMT 7
to rowdy ,he said that because i am appealling the decision they cant stop me going o/s because his decision on me being a non resident if i left again cannot be used whilst i was appealing? he said then my portability of 13 weeks is alloowed an go ahead an book my ticket out an stay the 13 weeks(he said it is a bit of a loophole???) it is the only way for me to leave and there are quite a few ahead of me being appealed,so if it gets rejected i have 28 days to lodge the next appeal(ssat?) and during this time they will have to pay me as i have not been cutoff?? so is he saying that i can do this everytime in the future i would like to leave or am i misreading what he is up to?? he sending out a letter to me about all this to explain it. an so if we have a loophole here that they told me about in their law it means you would have to win the SSAT appeal about non resident(has anyone done this yet) an so if you win ,you start the whole ballgame again,i.e ring them up tell them you are leaving,get them to tell they will clasify you as a non resident if i leave and stop my payments an have to reapply again,so you appeal that decision whilst still receiving dsp an book your tickets again,a bloody 1000 people doing that every 13 weeks will clog the whole system until we all have 3 appeals pending and then tell us what we can an cant do! UNITED WE CAN STAND/ DIVIDED- BETTER USE A ZEBRA CROSSING OR THEY WILL RUN US DOWN!
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Post by eight on Mar 29, 2012 16:22:37 GMT 7
Here is my advice.
Never argue with an idiot. He will drag you down to his level and beat you with his experience.
I cannot understand why people keep using the phone to get their infomation from c/link. After the phone is hung up, it is , they said ,he said. who said. Go back to basics, write a letter or atleast a e/mail so you have written proof. Ask for what they are saying in writing, the goverment acts, c/lik rules and regs and keep copies When I have dealt with c/link I have told them I dont have a phone, I dont have a computer or know how to use one, and because I have a hearing deficiency I need every thing, Questions, answers and info in writing. It took me many e/mail to fianally get a answer to my question ''Am I classed as a permanant resident in Australia''. I now have it. '' Yes you are, as you were in Australia on the &&/**/#@^& you are classed as a permanant resident for c/link purposes.''
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Post by anotherdsp on Mar 29, 2012 16:44:38 GMT 7
eight,thanks for that,you know i just received a letter from the same guy that i talk to unbelivable one hour after the call from CIS his letter states" he has compleated a reveiw of my residency status.the evidence i have provided has been accepted an i (the specialist) have decided that your are CURRENTLY an australian resident for social security purposes. as a result of your return to australia to reside,it is expected that any intended absences from australia will be short term and that i spend most of my time physically in australia. yep i found it funny one day i am a resident the next when i step foot out of aust i am not a resident. signed by the person i talked to today? go figure
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