Advice sought

[Justcruising54]

Good afternoon.

I am seeking information, please, to rebut an argument with an Aust Govt Agency.

I believe, that an expat cannot be considered a “citizen” of Thailand, unless they apply, can read, write, speak Thai fluently, and be one of a very small number selected to become a citizen, each year. ( I don’t by the way) therefore I cannot be construed to be a resident of the country, similarly, it’s also why, non citizens are required to report their whereabouts every 90 days, 

can anyone advise, where these two issues are actually written, so I can see if I can rebut there Agency’s argument that I reside here.

thanks 

 

[beachproperty]

Sorry to say , "you're barking up the wrong tree" if you "live" here and am trying to establish that you are "not" a resident. 

Edited December 26, 2020 by beachproperty

[blackcab]

Moved to the Home Country Forum.

[cleopatra2]

1 hour ago, Justcruising54 said:

Good afternoon.

I am seeking information, please, to rebut an argument with an Aust Govt Agency.

I believe, that an expat cannot be considered a “citizen” of Thailand, unless they apply, can read, write, speak Thai fluently, and be one of a very small number selected to become a citizen, each year. ( I don’t by the way) therefore I cannot be construed to be a resident of the country, similarly, it’s also why, non citizens are required to report their whereabouts every 90 days, 

can anyone advise, where these two issues are actually written, so I can see if I can rebut there Agency’s argument that I reside here.

thanks 

 

Your basic premis of residency being a condition of citizenship is wrong.

It is common for persons to be regarded as being resident of a country whilst not holding its citizenship.

As an example consider the Thai domestic tax laws where residency is considered for periods of 183 days.

 

Residency and Citizenship are separate entities.

 

 

Edited December 26, 2020 by cleopatra2

[userabcd]

Residence and citizenship are two different things.

 

Tax residence is not based on ones citizenship or nationality but upon the tax rules related to what makes one resident in a jurisdiction(s)

 

This info determining tax residence should be available on each countries tax web sites.

Edited December 26, 2020 by userabcd

[userabcd]

5 minutes ago, userabcd said:

 

 

Edited December 26, 2020 by userabcd
Deleted

[userabcd]

13 minutes ago, userabcd said:

 

 

1 hour ago, Justcruising54 said:

Good afternoon.

I am seeking information, please, to rebut an argument with an Aust Govt Agency.

I believe, that an expat cannot be considered a “citizen” of Thailand, unless they apply, can read, write, speak Thai fluently, and be one of a very small number selected to become a citizen, each year. ( I don’t by the way) therefore I cannot be construed to be a resident of the country, similarly, it’s also why, non citizens are required to report their whereabouts every 90 days, 

can anyone advise, where these two issues are actually written, so I can see if I can rebut there Agency’s argument that I reside here.

thanks 

 

Permanent residents (who are not Thai citizens do not have to report every 90 days)

Edited December 26, 2020 by userabcd

[Spatiumus]

1 hour ago, Justcruising54 said:

I believe, that an expat cannot be considered a “citizen” of Thailand, unless they apply, can read, write, speak Thai fluently, and be one of a very small number selected to become a citizen, each year. ( I don’t by the way) therefore I cannot be construed to be a resident of the country

"Residents" of Thailand aren't "citizens".   Usually your domicile denotes your normal residency (not citizenship). 

 

I doubt that Australia is suggesting that you as an Australian, is a Thai citizen unless you are.

[Lacessit]

13 minutes ago, userabcd said:

Residence and citizenship are two different things.

 

Tax residence is not based on ones citizenship or nationality but upon the tax rules related to what makes one resident in a jurisdiction(s)

 

This info determining tax residence should be available on each countries tax web sites.

 

n75127-DE-5543_Residency-for-tax-purposes-factsheet_W.pdf

[Bruce Aussie Chiang Mai]

You can't be classed as an Australian resident unless you spend 183days in Aust. That probably the issue you faced with being in Thailand.

[Will27]

I assume this is about your AAT appeal.

 

As others have said, you were always going to be pushing poo uphill in claiming the OAP whilst out of Australia.