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New here so here goes. This is for any Aussie pensioners to answer. 

I undersand the Aussie Age pension is transportable. And you lose some entitlements if you go overseas. 

1. if you sell your family home in Aus, ( which is not included in the assets test ) and want to buy a new home in thailand.

    Does the proceeds affect the pension amount before you buy a new home in thailand. how is it calculated.

2. If you marry overseas , does this affect the pension.

 

My shout if you give correct info. 

Aus. Gov does not provide clear guidelines 

 

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46 minutes ago, pdtokyo said:

A most excellent response AussieBob ... it needs to be pinned and closed off before the trolls get to it ... it's clear, concise and even your opinion piece (above) is spot-on ... 99% of people who rage at Clink for their fuzzy rules and hopeless interface put it down to Clink incompetence. It is not. As you point out, it is entirely by design.

 

I would add a couple of tiny points ...

(a) If you are 'registered' with them as being overseas then 6 weeks after you depart, the rate they pay you will decrease, as you describe. Clink claim (and i believe) their system is linked to Oz IMMI and if you don't tell them you are out of Oz for more than 6 weeks, they wil cut you off entirely and automatically. The tiny silver lining with this deal is that (again they claim) when you return to Oz for a holiday or whatever, your rate reverts to the rOz-resident rate. I haven't left Oz yet so cannot confirm this ... maybe someone will ... but if for example, you return to Oz for a couple of months then that 'increase' may cover a cheap airfare. (i'd credit the author of that advice but can't recall who it was)

 

(b) supposition on my part but ... it would not surprise me if Clink could 'deem' you to be married ... based for example on information gleaned from an IMMI application for an inward Oz tourist visa for a 'fiancee'. If they 'deem' you married before you tell them, you can bet there will be a penalty. This government loves 'deeming' and arguably (but please don't) snuck back into office on the strength of the concept. imo the word means ''i can't be bothered to ask, so i will assume".

 

 I won't like doing it, but the day after i get married in Thailand i'll tell them.

6 weeks now - the buggers are really getting desperate to take away our pension rights arent they.

 

I got fired up again and rang the International Services group of Clink - I actually got through on the 4th attempt and then waited about half an hour. They stated that when you apply for the age pension you must be in Australia and have an Australian residence - therefore no house overseas can be your primary residence when you first apply. But when you move overseas you can change your primary residence to the overseas location - either owned (asset and excempt) or rented (higher asset amount allowed).  You can decide to sell your Aust property and then have 12 months to buy overseas property - which becomes your primary residence. Or you can decide to keep your Aust property if you move overseas and it will then become an asset and will probably be deemed - very likely (not many excemptions). 

 

Up to you whether you tell CLink - and especially important you do that if you have made them aware of your Thai GF/Fiance.  However, when I researched this issue years ago I was advised that just because you lived with a person in Thailand (informal Buddhist marriage or not) you were not 'officially' married no matter how long, and she cannot lodge a divorce proceeding in Australia if you left and came back home.  However, if you undertake the formal process involving the Aust Embassy eyc. then you are officially married and if you left that person would have the legal right to lodge a divorce proceeding. To be married in Australia required one or both to be residents/citizens, and for them to live together in Australia. That was through the Family Court I gained that advice - in an email.  However, does that mean CLink also accepts that position? There is nothing on their website that says they do not - and therefore it is a reasonable assumption to say they do. 

 

Now perhaps the Family Court (feminazis that they are) has changed that position - I haven't checked since 2012/13 - but that is what it was back then and I see no reason to think it has been changed.  I was told it was that way otherwise overseas GFs and Prostitutes could say a bloke lived with them and promised to marry and look after them, and then lodge a divorce case in Australia trying to get some money. That sounds reasonable reason why informal overseas relationships are not a 'marriage' - and that they are defined as being in Australia after 6-12 months of living together in Australia.  By the way, I am not saying this for myself. My Thai wife is an Australian resident and we are living here together until I get the age pension. We then plan to spend most of the year in Thailand once I qualify. But we are also now thinking of maybe moving to Thailand and selling up in Australia.  We might then come back if/when needed, when I get into 80s/90s because of the better and cheaper medical support services. Couple of years to go - decision later. 

Edited by AussieBob18
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1 hour ago, AussieBob18 said:

Last first - yes they deliberately provide vaque information that is not too specific, because each claim/case is assessed based on its own merits, because everyone has different circumstances.  That is the official reason - but the real reason is so that they can minimise your payments and/or reject your claim.  Unlike the ATO who provide legal and binding information (to all people) and have official sanctioned/qualified advisers (accountants etc.), CLink will not give definitive information - either over phone, in writing, or on via their web site. CLink advice is always informal - you have to lodge a claim - then you get definitive advice.  So therefore my advice is the same as any official qualified CLink adviser - and there is none ????

 

1.  The proceeds from selling your house in Australia do not affect your income or asset amounts, which as you should know determine how much pension you are entitled to receive, if you commit to CLink that you are going to purchase a new home and you do that within 12 months.  BUT - does this apply if you are going to be purchasing a 'main residence' overseas - I do not know and have never got an answer - several phone calls - lots of web searches. 

 

1A - The amount of pension you get is determined by your assets and income.  If you own a home the assets limit is $XXX AUD and if you dont own a home the assets limit is $YYY AUD.  Many assets that are not your home are considered to be a 'financial asset' and they are 'deemed' - CLink determines an arbitrary rate of interest and that amount is added to your annual income.  My read of all the possible scenarios is that you want to have a lot more assets than you do income - it is much easier to go over the income limits if the $value of your home becomes a financial asset than it is to go over the assets limits for that same amoutn of $value - for most people.   

 

2. Yes - if you get married and advise CLink then you will be paid at the married rate.  Most Expats overseas dont 'officially' get married (via Embassy) for that reason, and because any relationship in Thailand is not official unless you do officially get married. Most Expats stay single as far as their advice to CLink and they dont say they are living with anyone long term either.  But if they do live with sdomeone and get 'caught' they plead ignorance and say they thought because it was not a marriage as it is not legal in Thaland (unlike in Aust). 

 

If you have been living in Australia for 10 years prior to getting pension you can take it overseas - you should call CLink before you leave to make sure you have 'portability' (before you even buy a ticket etc) - but dont tell them you are going to do it - say you are thinking about it in a few years and would like to know.

 

You will get 100% of age pension (minus a few small items) when overseas if you have been in Aust for 35+ years prior to applying - lesser amounts down to 10/35 for 10 yrs - nil if less than 10 years if you go overseas. If you tell CLink that you are going and never coming back, they will immediately reduce the payment to wehatever percentage based on the number of years in country, and also remove some small payments (electricity bonus etc.).  If you say you are going and probably coming back after 3-6 months (you dont know), they will automatically reduce it after 26 weeks if you are still overseas - best to tell them if you have decided to stay after about 5 months - especially if you were living in Australia for less than 35 years.

 

A very good post about the number of hurdles one has to negotiate with Centrelink. My advice is to say as little as possible. Make them ask.

I've been reclassified as permanently resident overseas. That's on the basis of a decision which was not communicated to me by the International section of Centrelink, and there is nothing in writing from them, or any right of appeal. It's not big bickies, so it doesn't worry me. However, two can play that game.

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2 minutes ago, Lacessit said:

A very good post about the number of hurdles one has to negotiate with Centrelink. My advice is to say as little as possible. Make them ask.

I've been reclassified as permanently resident overseas. That's on the basis of a decision which was not communicated to me by the International section of Centrelink, and there is nothing in writing from them, or any right of appeal. It's not big bickies, so it doesn't worry me. However, two can play that game.

So true Lacessit - simple rule to follow with CLink and ATO:-

 

Never lie - But never tell them anything you do not have to.

 

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1 hour ago, AussieBob18 said:

2. Yes - if you get married and advise CLink then you will be paid at the married rate.  Most Expats overseas dont 'officially' get married (via Embassy) for that reason, and because any relationship in Thailand is not official unless you do officially get married. Most Expats stay single as far as their advice to CLink and they dont say they are living with anyone long term either.  But if they do live with sdomeone and get 'caught' they plead ignorance and say they thought because it was not a marriage as it is not legal in Thaland (unlike in Aust). 

Whether you're legally married or not is irrelevant - it's whether you're living "as a couple". A number of my gay friends have been caught out by that

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4 minutes ago, ThaiBunny said:

Whether you're legally married or not is irrelevant - it's whether you're living "as a couple". A number of my gay friends have been caught out by that

I hear you - But is that after 1 day? 1 week? 1 month? 1 year?  If you can access on their website exactly the CLink definition of what a couple is, then please let us all know. 

 

This is what I know:  

Member of a couple

For Centrelink purposes you are considered to be a member of a couple if you and your partner are living together, or usually live together, and are:

  • married; or
  • in a registered relationship; or
  • in a de facto relationship

 

I should add that when I checked this out before - married was exactly thaty, registered means as I said before, and there is no de facto relationships in Thailand - a de facto relationship only occurs in Australia if you have lived together for 12 months or more, but that is only in Australia - that legally does not apply in all countries and definiely not in Thailand - as far as I am aware. 

Edited by AussieBob18
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3 minutes ago, ThaiBunny said:

I replied again adding the same comments as you have referred to:

 

Having a partner

If you have a partner, we generally consider you a member of a couple. Under social security and family assistance law, we consider you a member of a couple if you’re either:

  • married
  • in a registered relationship
  • in a de facto relationship.
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If you marry overseas or indeed are permanently living in a defacto relationship your pension will be affected, how much by will depend on the age of the person who you are domiciled with and also their earnings.

 

The money you will loose on leaving Australia will be the supplements, power assistance etc.

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1 hour ago, pdtokyo said:

(b) supposition on my part but ... it would not surprise me if Clink could 'deem' you to be married ... based for example on information gleaned from an IMMI application for an inward Oz tourist visa for a 'fiancee'. If they 'deem' you married before you tell them, you can bet there will be a penalty. This government loves 'deeming' and arguably (but please don't) snuck back into office on the strength of the concept. imo the word means ''i can't be bothered to ask, so i will assume".

 

 I won't like doing it, but the day after i get married in Thailand i'll tell them.

I seriously doubt that is the case.

 

Centrelink doesn't have day to day access to things such as visa applications, unless they're doing a full on investigation on someone and then they can pretty much get most things by a formal request.

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2 hours ago, AussieBob18 said:

Last first - yes they deliberately provide vaque information that is not too specific, because each claim/case is assessed based on its own merits, because everyone has different circumstances.  That is the official reason - but the real reason is so that they can minimise your payments and/or reject your claim.  Unlike the ATO who provide legal and binding information (to all people) and have official sanctioned/qualified advisers (accountants etc.), CLink will not give definitive information - either over phone, in writing, or on via their web site. CLink advice is always informal - you have to lodge a claim - then you get definitive advice.  So therefore my advice is the same as any official qualified CLink adviser - and there is none ????

 

1.  The proceeds from selling your house in Australia do not affect your income or asset amounts, which as you should know determine how much pension you are entitled to receive, if you commit to CLink that you are going to purchase a new home and you do that within 12 months.  BUT - does this apply if you are going to be purchasing a 'main residence' overseas - I do not know and have never got an answer - several phone calls - lots of web searches. 

 

1A - The amount of pension you get is determined by your assets and income.  If you own a home the assets limit is $XXX AUD and if you dont own a home the assets limit is $YYY AUD.  Many assets that are not your home are considered to be a 'financial asset' and they are 'deemed' - CLink determines an arbitrary rate of interest and that amount is added to your annual income.  My read of all the possible scenarios is that you want to have a lot more assets than you do income - it is much easier to go over the income limits if the $value of your home becomes a financial asset than it is to go over the assets limits for that same amoutn of $value - for most people.   

 

2. Yes - if you get married and advise CLink then you will be paid at the married rate.  Most Expats overseas dont 'officially' get married (via Embassy) for that reason, and because any relationship in Thailand is not official unless you do officially get married. Most Expats stay single as far as their advice to CLink and they dont say they are living with anyone long term either.  But if they do live with sdomeone and get 'caught' they plead ignorance and say they thought because it was not a marriage as it is not legal in Thaland (unlike in Aust). 

 

If you have been living in Australia for 10 years prior to getting pension you can take it overseas - you should call CLink before you leave to make sure you have 'portability' (before you even buy a ticket etc) - but dont tell them you are going to do it - say you are thinking about it in a few years and would like to know.

 

You will get 100% of age pension (minus a few small items) when overseas if you have been in Aust for 35+ years prior to applying - lesser amounts down to 10/35 for 10 yrs - nil if less than 10 years if you go overseas. If you tell CLink that you are going and never coming back, they will immediately reduce the payment to wehatever percentage based on the number of years in country, and also remove some small payments (electricity bonus etc.).  If you say you are going and probably coming back after 3-6 months (you dont know), they will automatically reduce it after 26 weeks if you are still overseas - best to tell them if you have decided to stay after about 5 months - especially if you were living in Australia for less than 35 years.

 

...35 years, starting from your 16th birthday to the date you go abroad.

 

I didn't now exact date I left Australia, the CL lady said 'just write in approx month and year'. It was accepted.  

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1 hour ago, ThaiBunny said:

Whether you're legally married or not is irrelevant - it's whether you're living "as a couple". A number of my gay friends have been caught out by that

I have been doing a little more research and came across this:  Note: On 8 December 2017, the Marriage Act 1961 was amended to redefine marriage as 'a union of 2 people' and introduced non-gendered language so that the requirements of the Act apply equally to all marriages. It also enabled same-sex marriages that have been, or will be, solemnised under the law of a foreign country to be recognised in Australia.

 

I have not found anything that states that the Australian definition of a de facto relationship for people living together in Australia, applies in other countries where de facto relationships are not legally recognised.  Therefore it is still my opinion, based on this current and my previous research, that if I was in the situation mentioned (going to live with a GF in Thailand while receiving the pension), that I would state on any application or document (if asked) that I am:

Not Married;

Not in a registered Relationship;

Not in a de facto Relationship.

 

Quite frankly, if they somehow found out I was living with someone I would keep stating the above, and if they did reduce my pension payments to that of a married person, I would appeal on the basis that:

1.  De facto relationships are not legal of valid in Thailand, and applying Australian rules to overseas situations is wrong; and 

2.  My Thai GF does not and never will be entitled to receive any CLink payments/support, nor does she have the opportunity to earn any income in Australia or at Australia levels, both of which are applicable to any partner I would have in Australia. 

 

https://guides.dss.gov.au/guide-social-security-law/2/2/5/10

 

Edited by AussieBob18
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2 hours ago, AussieBob18 said:

I hear you - But is that after 1 day? 1 week? 1 month? 1 year?  If you can access on their website exactly the CLink definition of what a couple is, then please let us all know. 

 

This is what I know:  

Member of a couple

For Centrelink purposes you are considered to be a member of a couple if you and your partner are living together, or usually live together, and are:

  • married; or
  • in a registered relationship; or
  • in a de facto relationship

 

I should add that when I checked this out before - married was exactly thaty, registered means as I said before, and there is no de facto relationships in Thailand - a de facto relationship only occurs in Australia if you have lived together for 12 months or more, but that is only in Australia - that legally does not apply in all countries and definiely not in Thailand - as far as I am aware. 

Correct. Defacto relationships in Thailand have no legal standing.

It's ironic - both me and my Thai GF of 7 years would like to get married, but it's not worth the $200 a fortnight in pension Centrelink would dock me.

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4 hours ago, Lacessit said:

Correct. Defacto relationships in Thailand have no legal standing.

It's ironic - both me and my Thai GF of 7 years would like to get married, but it's not worth the $200 a fortnight in pension Centrelink would dock me.

I've been married for 20 years and am 8 years out from the pension so it looks like I'll be getting a divorce to get the pension and then remarry to get the visas.Great.Plus I've got to do the 2 year residency thing as well for portability,more hoops than a hooplah convention. 

Edited by FarFlungFalang
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2 minutes ago, FarFlungFalang said:

I've been married for 20 years and am 8 years out from the pension so it looks like I'll be getting a divorce to get the pension and then remarry to get the visas.Great.Plus I've got to do the 2 year residency thing as well for portability,more hoops than a hooplah convention. 

Isn't bureaucracy wonderful? You couldn't make this stuff up for a novel.

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6 hours ago, Lacessit said:

Correct. Defacto relationships in Thailand have no legal standing.

It's ironic - both me and my Thai GF of 7 years would like to get married, but it's not worth the $200 a fortnight in pension Centrelink would dock me.

Agree been married 8 years and lose 200 per fortnight.

But hey it goes in bank without fail.

????????????

 

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19 hours ago, AussieBob18 said:

Last first - yes they deliberately provide vaque information that is not too specific, because each claim/case is assessed based on its own merits, because everyone has different circumstances.  That is the official reason - but the real reason is so that they can minimise your payments and/or reject your claim.  Unlike the ATO who provide legal and binding information (to all people) and have official sanctioned/qualified advisers (accountants etc.), CLink will not give definitive information - either over phone, in writing, or on via their web site. CLink advice is always informal - you have to lodge a claim - then you get definitive advice.  So therefore my advice is the same as any official qualified CLink adviser - and there is none ????

 

1.  The proceeds from selling your house in Australia do not affect your income or asset amounts, which as you should know determine how much pension you are entitled to receive, if you commit to CLink that you are going to purchase a new home and you do that within 12 months.  BUT - does this apply if you are going to be purchasing a 'main residence' overseas - I do not know and have never got an answer - several phone calls - lots of web searches. 

 

1A - The amount of pension you get is determined by your assets and income.  If you own a home the assets limit is $XXX AUD and if you dont own a home the assets limit is $YYY AUD.  Many assets that are not your home are considered to be a 'financial asset' and they are 'deemed' - CLink determines an arbitrary rate of interest and that amount is added to your annual income.  My read of all the possible scenarios is that you want to have a lot more assets than you do income - it is much easier to go over the income limits if the $value of your home becomes a financial asset than it is to go over the assets limits for that same amoutn of $value - for most people.   

 

2. Yes - if you get married and advise CLink then you will be paid at the married rate.  Most Expats overseas dont 'officially' get married (via Embassy) for that reason, and because any relationship in Thailand is not official unless you do officially get married. Most Expats stay single as far as their advice to CLink and they dont say they are living with anyone long term either.  But if they do live with sdomeone and get 'caught' they plead ignorance and say they thought because it was not a marriage as it is not legal in Thaland (unlike in Aust). 

 

If you have been living in Australia for 10 years prior to getting pension you can take it overseas - you should call CLink before you leave to make sure you have 'portability' (before you even buy a ticket etc) - but dont tell them you are going to do it - say you are thinking about it in a few years and would like to know.

 

You will get 100% of age pension (minus a few small items) when overseas if you have been in Aust for 35+ years prior to applying - lesser amounts down to 10/35 for 10 yrs - nil if less than 10 years if you go overseas. If you tell CLink that you are going and never coming back, they will immediately reduce the payment to wehatever percentage based on the number of years in country, and also remove some small payments (electricity bonus etc.).  If you say you are going and probably coming back after 3-6 months (you dont know), they will automatically reduce it after 26 weeks if you are still overseas - best to tell them if you have decided to stay after about 5 months - especially if you were living in Australia for less than 35 years.

 

Thanks all for your input. 

So pension portability is ok,  less afew small extras

If i sell my family home in Australia it is exempted from asset calculation for 12 months. 

If i buy a family home in thailand , is it exempted from asset calculation. I will ask clink. 

My only concern is if Clink cancel the pension after I sell up in Australia,.. I will need to return to Australia to reapply and remain in Australia for 2 years to get portability again.

Difficult if I sell up everything. 

 

Thanks all for your input  

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3 hours ago, pdtokyo said:

What a difference an hour makes ... details to follow but this Oz government stimulus package announced today, courtesy of Guardian Australia, indicates that aged pension people will be included in A4750 handout from end of March 2020 ... no doubt to be administered by Clink through gritted teeth ...

 

... the ghost of Kevin Rudd walks amongst us ...

Capture.JPG

Those only on a part pension due to deeming of financial assets (super investments etc) will appreciate the drop in deeming rates. 

 

Drop of 0.5% on both the fixed and variable amount.

 

 

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4 minutes ago, PJPom said:

Is this going to apply to those of us living here ?. Supplements to Pension usually don't apply to Overseas ex pats. 

AFAIK it's not a supplement. Possibly centrelink will try to weasel out of it, wait and see.

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On 3/11/2020 at 6:54 PM, JWRC said:

It does not matter if Thailand recognises de facto relationships or not, It is not Thailand paying the pension is it, you are talking about the Australian Government

Yes, and Centrelink can only determine payments on the basis of the information they have.

They would have a tough time proving a defacto relationship in my case, my GF and I have different addresses.

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On 3/11/2020 at 4:31 PM, AussieBob18 said:

 

I should add that when I checked this out before - married was exactly thaty, registered means as I said before, and there is no de facto relationships in Thailand - a de facto relationship only occurs in Australia if you have lived together for 12 months or more, but that is only in Australia - that legally does not apply in all countries and definiely not in Thailand - as far as I am aware. 

I am sure there is something, somewhere in Australian legislation that covers living together (worldwide), similar to the word "abode" usual place of residence, be it a park or other, where a person usually resides.

 

I wouldn't focus on what Thailand has or hasn't, if your not legally married, tell them nothing, if asked, I am single for now, although Thailand has a lot of interesting young ladies looking for a partner, so I am told Clink, but why settle down, when the ocean is full of fish ????

 

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On 3/11/2020 at 11:08 PM, FarFlungFalang said:

I've been married for 20 years and am 8 years out from the pension so it looks like I'll be getting a divorce to get the pension and then remarry to get the visas.Great.Plus I've got to do the 2 year residency thing as well for portability,more hoops than a hooplah convention. 

I did the math, once you look at what it would cost you to rent something for 2 years, buying a car and running it, rego, insurances, maintenance, fuel, and the cost of living in Oz for those two years, it would take you 4 years to re-coupe it, i.e. unless you have a place to stay for free, I mean to rent a room within Sydney's south, say Kogarah, it will cost you the better part of $200 a week x that x 52 weeks and there goes $10,400, the better part of half your pension, now I know I couldn't live in a room for under shared accommodation for 2 years, so let's say a one bedroom apartment, well $400 if your lucky, and there goes your pension.

 

Bes thing to do is you can time it and have the backing is to buy a place and hope in those two years the market kicks, enough to cover your time there, stamp duty, conveyancing fees, and agents selling fees.

 

Perhaps the outlay for a caravan and going on a caravan trip around Australia for 2 years might be the way to go, the sell the caravan when done, beats the c-r-a-p out of renting or buying a place IMO and you get to see OZ.

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I declared my Bangkok condo When I applied for the pension and they were quite thorough and I needed to sign a form that allowed them to check the value at the land office 

It doesn't matter what country your main residence is in 

The bonus of course is I can rent it out without them knowing 

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15 hours ago, Aussie53 said:

Thanks all for your input. 

So pension portability is ok,  less afew small extras

If i sell my family home in Australia it is exempted from asset calculation for 12 months. 

If i buy a family home in thailand , is it exempted from asset calculation. I will ask clink. 

My only concern is if Clink cancel the pension after I sell up in Australia,.. I will need to return to Australia to reapply and remain in Australia for 2 years to get portability again.

Difficult if I sell up everything. 

 

Thanks all for your input  

I am a few years off the pension, but I did sell my place back in 2016 shortly after I moved here in 2015.

 

The above said, you can live a tax free life here if you are a non-resident and you invest your money in the Australian Stock Market buying fully franked shares, there is also no capital gains tax.

 

It has worked well for me, albeit it my portfolios at the moment look like heart failure material, but if you don't need to sell, you will be fine, and you keep half in and half out, e.g. don't put all your eggs into the one basket, you can live a good life here, and the market will correct itself sooner than later as we all know stock markets go up and down, it's a fact and if you do your research before hand, you won't need to look at the pension.

Edited by 4MyEgo
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