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Post by chris on Dec 25, 2011 9:36:28 GMT 7
hi there new here ,but i think its a very good site,question ,what hapens if i get married to a japanese lady ,she stays in japan works in japan and remains a japanese citicen,her mony she earns remains hers i get nothing from her she is helping her family in the phillipines , i get no money from her at all will c/l still class me as a married man and drop my pension down i will be comming back and forth every 3 months 3 in aus and 3 in japan would they let me stay on a single pension do you think.
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Post by Banjo on Dec 25, 2011 11:05:23 GMT 7
No, even if she earns no income your pension will be reduced to half the married rate. Any income she earns over a certain amount will effect your pension whether you benefit from it or not. www.centrelink.gov.au/internet/internet.nsf/home/index.htmOh, and a wife living overseas with you visiting her regularly will effect your residency status as well.
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Post by chris on Dec 26, 2011 6:13:23 GMT 7
thanks banjo ,i think i will stay a single man 4 a bit longer,with all the c/l rules they are turning all of us into cheets and liers just to have a decent life .
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Post by Banker on Dec 26, 2011 9:01:57 GMT 7
I'm still too young to get married...
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Post by chrisnouy on May 12, 2012 7:31:32 GMT 7
I have a question I have advised C L that i am married They sent forms for my wife to fill in She is not Australain or receiving anything from Australia She obviously cannot be compelled to fill in forms BUT Originally they cut me off for not returning the forms.They have now reinstated at a lower rate and sent the forms again. Meanwhile my case is before an ARO based on information I have givenabout her income by telephone I cannot see how they can cut ME off for her refusal Does anybody know if there is any law governing this as the case officer at CL didnt answer when asked this question
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Post by Banjo on May 12, 2012 7:37:26 GMT 7
We have had a couple of cases here, what it is, Centrelink wants to know what her income as they deem you to be a couple and therefore they want to know your combined income to determine what benefit, and how much, you are entitled to. Fair doesn't enter into this, it's a rule/law they make to monitor couples in Australia and they apply it to people like yourself overseas.
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Post by chrisnouy on May 12, 2012 7:43:18 GMT 7
I am prepared to fight centrelink all the way -and am trying to find out under which section of the SSact this is "legislated" They dont like it if you know the legislation-- if any Yesterday I posted ababout Cocks vs Centrelink fereral court 2000 did you see that?
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randy
Full Member
Posts: 13
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Post by randy on May 12, 2012 8:03:11 GMT 7
i am in same position,im married filled out all required forms,about income and whatever of my wife,she doesn't work,and still i am on couples payment,i appealed and lost,so i am now awaiting spouse visa to arrive,hope you have more fight in you than i,i cant handle the stress of it. i don't know why they asked all those questions about income if they have no intentions of changing decision?between visa extensions and 3 month returns im living tight as shit over here,
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Post by chrisnouy on May 12, 2012 8:09:29 GMT 7
Further to previous if my wife owns her own house-- all family live in it mother father grandmother etc-- in thailand will that affect anything-- normally a home is exempt from assets assessment-- but i dont trust CL one iota
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Post by Banjo on May 12, 2012 8:25:47 GMT 7
A worry of course is this affects your Australian residency if you are living with a wife in Thailand who owns a house there. If you're not absolutely sure she owns the house, as in you have personally read the deed in the original Thai language, I wouldn't have mentioned it to Centrelink.
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Post by Banker on May 12, 2012 9:28:45 GMT 7
I'm still too young to get married.
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Post by chrisnouy on May 12, 2012 11:30:03 GMT 7
On balance better if the house in her mothers name takes 10 mins to arrange I am also trying to get spouse 2 year visa so all info must synchronize I advised them i am currently "living apart" due to Marital problems but they didnt reinstate the single pension despite the fact they cut it the day i told them I was hitched Perhaps i need a trip to Darwin to re-estblish single pension then fly out to somewhere other than Thailand In the case of cocks vs centre link 2000 the federal court ruled against centre link and stated that because this case of other precedents it should be treated as almost law that if one partner gets no income the other should be considered as single ?? CL awarded cocks his single pension as a result Look like you have to go to federal court to get a decision great use of taxpayers money
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Post by chrisnouy on May 12, 2012 11:40:00 GMT 7
to randy Dont give in to the bastards They wage a war of time attrition hoping you will do just that and fade away Keep appealing and go to the ombudsmans office if neccessary
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Post by Banjo on May 12, 2012 13:41:17 GMT 7
Your problem is the information you give immigration for the visa has to tally with what you are telling Centrelink. What you suggest sounds like sense to me, but our member latindancer returned to Australia alone and was not reinstated as single. As you know he's contesting it in the SSAT at the moment.
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Post by barnsy on May 12, 2012 18:55:25 GMT 7
Randy, hi I am married also and want to have my wife and children here. I thought if we are on dsp we will not be granted a spouse visa for our wives. If that is not the case then i will apply for the visa so we can be together and she can come here and work.
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