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Post by aussie25 on Nov 2, 2011 21:11:22 GMT 7
Taken in isolation, a 3 year continuous absence would be regarded as an upper limit to still being considered residing in Australia, unless there are special circumstances delaying a return. When looking at the pattern and duration of time spent outside Australia, if a person regularly spends more than 6 months a year outside Australia, then their residence in Australia is questionable.
What I take from this is all you will need to do is stay in Australia for 6 months every 2 years.
So for example the first year you stay in Australia for 6+ months and then the 2nd year you stay overseas for 1 year (13 weeks at a time). They then can't say you are regularly spending over 6 months a year overseas or can they?
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Post by zorro1 on Nov 2, 2011 22:25:43 GMT 7
Here is something interesting. A friends daughter works for C/L and we were discussing the war room and how they obtain information particularly regarding portability.
This may or may not be true but according to her C/L have no knowledge regarding where a recipient might be and rely solely on the person reporting their absence and return from o/s
They do have the ability to obtain customs records on request but would need a reason to be bothered.
basically she is saying that there is no auto alert from customs.
Interesting and not what I was led to believe.
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Post by aussie25 on Nov 2, 2011 23:03:39 GMT 7
Here is something interesting. A friends daughter works for C/L and we were discussing the war room and how they obtain information particularly regarding portability. This may or may not be true but according to her C/L have no knowledge regarding where a recipient might be and rely solely on the person reporting their absence and return from o/s They do have the ability to obtain customs records on request but would need a reason to be bothered. basically she is saying that there is no auto alert from customs. Interesting and not what I was led to believe. When I called them last time to report my return back to Australia the lady on the phone said that the information about my return was already on there system which was provided by customs but said that it was good that I phoned them anyway as it might not have come through properly.
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Post by Jesus on Nov 3, 2011 7:37:53 GMT 7
Aussie25, I would say if you are going to "push the boundaries" about how long you can stay outside Australia, you would have to have very strong residence ties to Australia in terms of accomodation and family ties and assets etc, and then you could try to push your AVERAGE time outside Australia up to 7, 8, or even 9 months in a year, averaged over 3 or 5 years. AND you would have to be prepared to be hit with a Centrelink finding of NON-RESIDENCE, which you would then hope to contest in the SSAT and AAT, and onto the court system. Let's hope you don't lose your court case!
In terms of securing strong family ties to Australia, this means cosying up to every available relative you have in Australia, and possibly, as a suggestion, even marrying a spouse in Australia just for the residency requirement.
In terms of securing strong accomodation ties to Australia, a very easy way to do this is to get a long term lease on a rental house for $130 per week, for which you will get $60 per week rent assistance, leaving you to pay $70 out of your pension. Rental houses for as cheap as $130 are not so common, but can be found by searching on realestate.com.au, and setting the search parameters to "less than $130". They have cheap houses like this in some country towns which are in decline or are way out in the sticks.
Zorro, this is wrong. The information from from the Immigration computer about your arrival and departure are AUTOMATICALLY sent to the Centrelink computer. I have seen my own arrival and departure dates on the Centrelink computer. In addition, the questions you answer on the Immigration card, "where you spent most time", and "where you embarked from" are easily accessed on the computer.
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Post by zorro1 on Nov 3, 2011 9:34:17 GMT 7
Jesus, some very interesting proposals you put forward especially leasing the house. I have been married twice and I fear even a pretend wife would turn on me eventually! Your not a member of the forum I see however are you a pensioner and do you have contacts within c/l ? You seem very certain about centre links war on poor people looking for a better life in Asia Do they really want to reel us in that badly? Hopefully pensioners who are pulled up and questioned about residency after 1/1/2012 will tell there story here.
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Post by Banjo on Nov 3, 2011 11:34:30 GMT 7
Against the advice of a number of people involved in the forum I keep the permission for guests to post on the board. This is unusual in forums, the danger of abuse of the privilege is very real but I‘m fully aware that some people have been intimidated by Centrelink to extent where they genuinely fear that they can reach through an anonymous identity and retaliate against dissidents. Subsequently I continue to allow it but appreciate it if regular posters join the forum…. So don’t be afraid little Jesus, we will do our best to take care of you.
On topic; let’s look back over the past 18 months. We were faced with the “Jetset scum” media release and newspaper report, in almost exactly twelve months we saw a complete ministerial about face, once more in the form of a media release. I can cope with media releases, they can’t be denied after the event. I can’t cope with rumours and supposition, they can deny that. So what do we have now? We have a letter to a member who I know to be competent and rational, saying he has to come in for an interview on residency… am I right here Rod?
So what do we do? I recently wrote to my local MP and it took her staff three months to reply. Even if contact can be made sooner they will say, “we don’t know”… I will email minister Macklin this week, summarizing the rumours and assumptions. We may get a reply before Christmas.
All the other suggestions about strengthening residency have been listed and discussed here ad nauseum, anyone who is not suitably prepared to justify their existence as an Australian by now isn’t going to get another lecture on it off of me.
Once again we are faced with a “what constitutes being seriously disabled” question. It’s not necessarily what Centrelink says it is, but what matters is whether pensioners have any continued work ability. That is what will matter. If Centrelink have categorized you at 0 to 7% work capacity I’d say you are ahead of the game
A lot of what has been discussed here is about Centrelink’s rules posted on their website, my entire case against them has been… don’t show me the rules, read me the ACT. I’ve been cut off twice, but I’m not currently one of the people cowering in Australia wishing I was somewhere warm where people could have a decent lifestyle on less than $400 a week.
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Post by aussie25 on Nov 3, 2011 12:51:14 GMT 7
Aussie25, I would say if you are going to "push the boundaries" about how long you can stay outside Australia, you would have to have very strong residence ties to Australia in terms of accomodation and family ties and assets etc, and then you could try to push your AVERAGE time outside Australia up to 7, 8, or even 9 months in a year, averaged over 3 or 5 years. AND you would have to be prepared to be hit with a Centrelink finding of NON-RESIDENCE, which you would then hope to contest in the SSAT and AAT, and onto the court system. Let's hope you don't lose your court case! In terms of securing strong family ties to Australia, this means cosying up to every available relative you have in Australia, and possibly, as a suggestion, even marrying a spouse in Australia just for the residency requirement. In terms of securing strong accomodation ties to Australia, a very easy way to do this is to get a long term lease on a rental house for $130 per week, for which you will get $60 per week rent assistance, leaving you to pay $70 out of your pension. Rental houses for as cheap as $130 are not so common, but can be found by searching on realestate.com.au, and setting the search parameters to "less than $130". They have cheap houses like this in some country towns which are in decline or are way out in the sticks. Zorro, this is wrong. The information from from the Immigration computer about your arrival and departure are AUTOMATICALLY sent to the Centrelink computer. I have seen my own arrival and departure dates on the Centrelink computer. In addition, the questions you answer on the Immigration card, "where you spent most time", and "where you embarked from" are easily accessed on the computer. Look's like I would win an appeal anyway because I live with my grandmother while in Australia and I also study via OTEN (NSW TAFE) which only cost's me $50 a year and I do it mainly to get the extra $62.40 a fortnight and i'm only required to do 4 hours a week so surely studying via an Australian online TAFE would make me a resident.
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Post by aussie25 on Nov 3, 2011 13:20:31 GMT 7
I found a heap of unit's on realestate.com.au for $85-$90 a week but I'm not going to worry about renting at this present time.
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Post by zorro1 on Nov 3, 2011 13:39:47 GMT 7
Aussie25, I would say if you are going to "push the boundaries" about how long you can stay outside Australia, you would have to have very strong residence ties to Australia in terms of accomodation and family ties and assets etc, and then you could try to push your AVERAGE time outside Australia up to 7, 8, or even 9 months in a year, averaged over 3 or 5 years. AND you would have to be prepared to be hit with a Centrelink finding of NON-RESIDENCE, which you would then hope to contest in the SSAT and AAT, and onto the court system. Let's hope you don't lose your court case! In terms of securing strong family ties to Australia, this means cosying up to every available relative you have in Australia, and possibly, as a suggestion, even marrying a spouse in Australia just for the residency requirement. In terms of securing strong accomodation ties to Australia, a very easy way to do this is to get a long term lease on a rental house for $130 per week, for which you will get $60 per week rent assistance, leaving you to pay $70 out of your pension. Rental houses for as cheap as $130 are not so common, but can be found by searching on realestate.com.au, and setting the search parameters to "less than $130". They have cheap houses like this in some country towns which are in decline or are way out in the sticks. Zorro, this is wrong. The information from from the Immigration computer about your arrival and departure are AUTOMATICALLY sent to the Centrelink computer. I have seen my own arrival and departure dates on the Centrelink computer. In addition, the questions you answer on the Immigration card, "where you spent most time", and "where you embarked from" are easily accessed on the computer. Look's like I would win an appeal anyway because I live with my grandmother while in Australia and I also study via OTEN (NSW TAFE) which only cost's me $50 a year and I do it mainly to get the extra $62.40 a fortnight and i'm only required to do 4 hours a week so surely studying via an Australian online TAFE would make me a resident. Aussie Can anyone study online? great idea because I dont walk around a lot so I have plenty of time on my hands. Regarding renting it would be better to pay more and qualify for rent assistance. Great post Banjo, A calm voice of reason in times of panic
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Post by aussie25 on Nov 3, 2011 14:26:43 GMT 7
Yes mate anyone can study online and if your on DSP you only need to pay $50 for the student materials and handling charge per year. The exemption for the TAFE NSW charge of about $704 is available to anyone in Australia on a DSP.
I study Business Administration Cert III. It's fairly easy and they provide you with the assignment before you even study the subject. In all subjects this year I have just done the assignment without any other study.
You do need to also buy textbooks but it's not overly expensive and I have not bought any of them yet lol because I have only done the assignment.
You will get a Education Entry payment yearly of $208 and then $62.40 per fortnight.
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Post by aussie25 on Nov 3, 2011 14:40:28 GMT 7
[/quote]Regarding renting it would be better to pay more and qualify for rent assistance.[/quote]
I just used Centrelink's online estimator and it's still cheaper to pay the $90 a week but not by much.
$130 a week you get $115.35 a fortnight = $144.65 a fortnight out of pension.
$90 a week you get $55.35 a fortnight = $124.65 a fortnight out of pension.
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Post by zorro1 on Nov 3, 2011 17:15:03 GMT 7
Yes mate anyone can study online and if your on DSP you only need to pay $50 for the student materials and handling charge per year. The exemption for the TAFE NSW charge of about $704 is available to anyone in Australia on a DSP. I study Business Administration Cert III. It's fairly easy and they provide you with the assignment before you even study the subject. In all subjects this year I have just done the assignment without any other study. You do need to also buy textbooks but it's not overly expensive and I have not bought any of them yet lol because I have only done the assignment. You will get a Education Entry payment yearly of $208 and then $62.40 per fortnight. Thats good info and some interesting courses. It may help strengthen your residency as you previously mentioned. On their qualification fact sheet it says >You must be an Australian permanent resident The tourism diplomas should allow airfares for one self at a discounted rack rate or industry rate if you register a company. Will need to look into it.
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Post by Banjo on Nov 3, 2011 17:34:50 GMT 7
By what standard? Centrelink, ATO, Medicare or Immigration?
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Post by zorro1 on Nov 3, 2011 17:49:42 GMT 7
Doah! department of education LOL
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Post by rodcourt49 on Nov 4, 2011 15:31:38 GMT 7
Here is something interesting. A friends daughter works for C/L and we were discussing the war room and how they obtain information particularly regarding portability. This may or may not be true but according to her C/L have no knowledge regarding where a recipient might be and rely solely on the person reporting their absence and return from o/s They do have the ability to obtain customs records on request but would need a reason to be bothered. basically she is saying that there is no auto alert from customs. Interesting and not what I was led to believe. ..do you mean to say Immigration!
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