Ordinarily Resident rule for travel out of Australia

[markusss]

I'm considering returning to Thailand from Australia after 2 years absence from Thailand. I lived in Thailand from 2005 until 2019. According to this rule I may be able to leave Australia without a travel exemption :

 

'Ordinarily resident

You are considered ordinarily resident in a country other than Australia if international movement records show that you’ve spent more time outside Australia than inside for the last 12 to 24 months. You do not need to carry a paper record of your movements with you. If required, Australian Border Force officers at airports can check your movement records in their systems.

If you do not think you need a travel exemption, you can present this evidence when you check-in at the airport. However, if you have any doubt about whether your circumstances fall within the definition of ordinarily resident, we recommend you lodge a request for assessment at least two weeks prior to your intended departure.'

 

I'm curious to know if any other Australians have managed to fly out of Australia during this time without a travel exemption due to the above rule.

 

Cheers

[Bluetongue]

I'm leaving Australia on 24 August (I know, please no unnecessary negative comment). I have written  advice from Border Force advising I meet the requirements as above. From the sound of it you do not, ie you have been in Australia for the last 24 months unless I misunderstand your post.

[markusss]

13 minutes ago, Bluetongue said:

I'm leaving Australia on 24 August (I know, please no unnecessary negative comment). I have written  advice from Border Force advising I meet the requirements as above. From the sound of it you do not, ie you have been in Australia for the last 24 months unless I misunderstand your post.

I've just put in a request with the Department of Home Affairs/Border Force stating my situation. I'm not expecting this to work out, but I can only try. 

[Haveasay]

They may or not be strict if you're leaving for over six months and understand many even from Thailand still struggling to return and don't need you on their list. What would help your cause is property you own in Thailand. 

[Singo]

Markuss, It states in the https://www.homeaffairs.gov.au/covid-19/Documents/outward-travel-restrictions-operation-directive.pdf    para 11 that there is no numerical calculation for 'usually resident'. I lived in Thailand for nearly 7 years before returning to Oz for 21 months. I had no issues getting permission to leave. Its a rudimentary process and a determination on my application was made in 4 working days. If I can be of any assistance, please message me. Good luck. 

[markusss]

2 hours ago, Singo said:

Markuss, It states in the https://www.homeaffairs.gov.au/covid-19/Documents/outward-travel-restrictions-operation-directive.pdf    para 11 that there is no numerical calculation for 'usually resident'. I lived in Thailand for nearly 7 years before returning to Oz for 21 months. I had no issues getting permission to leave. Its a rudimentary process and a determination on my application was made in 4 working days. If I can be of any assistance, please message me. Good luck. 

This is very helpful information. Thank you Singo!

[Harry Om]

I applied, and got an approval within 30 minutes, but at the time (November 2020) I easily fell within the predominantly outside Australia time frame. I have friends with similar travel history to me that have recently got knocked back trying under the same rule. It seems to be a matter of luck, and may depend on who views your application. My friends plan to try again, and will say they will be out of Australia for longer than 12 months.

 

if you are approved make sure you take the printed approval with you to the airport. Despite having previously got the go ahead, whilst checking in I still had Border Force tell the airline that I was not allowed to leave, and it was only the pre-approved written permission that got me on the plane.

[scorecard]

On 8/2/2021 at 8:34 PM, Haveasay said:

They may or not be strict if you're leaving for over six months and understand many even from Thailand still struggling to return and don't need you on their list. What would help your cause is property you own in Thailand. 

or, if your name is in a Thai Tabien Baan book (Household Registration book). 

 

or, if you have a Certificate of Residence for Thailand (Thai Permanent Residence - PR), but in this case I guess not likely.

 

or, if you can show that you spend a good deal of time in Thailand by analysis of passport stamps (but in some cases not so easy where countries involved don't nowadays put an actual stamp in your passport but your movements are recorded on official immigration databases (my understanding is that you can apply to DFAT Australia for an official printout and fully entitled to an official printout of Australian immigration records of your travels in & out of Australia.) 

Edited August 3, 2021 by scorecard

[Singo]

Folks, To clarify my circumstances. Lodge my application late February 2021 and flew out of Oz on 19 March 2021. Harry is correct in stating to have all paperwork to hand, especially email granting permission to leave Oz. In your application ensure you state and evidence, ownership of property, rental agreements, length of previous residence in Thailand (enclose copy of visa stamps) etc. Driving Licence, copy of house book, medical record and so on. The application field is a max of 200 words which frankly is not enough.  Hint....on your Stat Dec re undertaking to leave the country for 3 months or more that was item 10 on mine. 1 to 9 was all the info I did not have room for in the electronic application. Good luck.

Edited August 5, 2021 by Singo

[Bluetongue]

Just for info, the Government quietly removed the automatic exemption by regulation on 1 August. Web site info had not changed as of yesterday. I will have to contact them again to ensure my prior approval stands. What a hassle.