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Posted

Thanks 4MyEgo & ELVIS 1-6.... I now fully understand.

 

Fortunately for me, I’ve well & truly done my 35 years in the AU workforce as a born & raised AU resident, so I no longer need to be concerned about what ol’ mate adjudicator said about the “10 years” thing.

 

 

 

 

Posted
7 hours ago, 4MyEgo said:

The 2 year rule is correct if you reside overseas and return to get the OAP, however you must also have a minimum continuous residency in Australia of 10 years, this is where you may be confused.

 

Let us assume with the un-Australian surname he is known by in the case, that he was not born in Australia, and he obtained Australian Citizenship some time after arriving, i.e.it took about 4 years for my wife to qualify to apply for Australian Citizenship if I am correct back in 2011 or thereabouts, but she didn't apply till 2014, i.e. temporary residency for about a two years, then she received permanent residency status and then applied for Australian Citizenship and was granted it, although now you have to wait 4 years to get permanent residency and then wait another 4 before you can get Australian Citizenship, I think,before you can get Australian Citizenship, I think,for a continuous period of 10 years to be able to obtain a part pension or 35 years to get the full pension.

 

That is the question, some people think because they are granted Citizenship they can get the pension automatically, not so, 10 years minimum in the country as a permanent resident or citizen for a part pension, 35 years for a full pension, hope that clears it up for you.

Considering  the "Let us assume" and "some time after arriving," and "before you can get Australian Citizenship, I think,"  and " did he actually stay in Australia "  , it may be a bit difficult to clear it up for him.

Posted
10 hours ago, ELVIS123456 said:

Regarding the Young Liberals brain phaarth - that proposal has as much chance as a snowflake in Hell.  Attempting to pass any change that means a person's home is included in OAP or Newstart or any Allowance would be political suicide.  

 

Regarding the residency and citizenship time frames, the current situation is still that 2 years after receiving approval for a Visa to Migrate to Australia you can apply for Permanent Residency, and then 2 years after Permanent Residency is approved you can apply for Citizenship. For both approvals you must be resident in Australia at the time of each application.  

 

And just for clarity - 4MyEgo means you must have a min 10 years residency in Aust (after age 16) to get the part-Pension paid when you go overseas, and a min of  35 years (after age 16) to get the full-Pension paid when you go overseas. Citizenship and Permanent Residency guarantees you get the Pension, but only if you are resident in Australia at the time you apply. 

 

My wife just got permanent residency and we were both overseas (and still are) at the time. 

  • Like 2
Posted
5 hours ago, keithpa said:

Considering  the "Let us assume" and "some time after arriving," and "before you can get Australian Citizenship, I think,"  and " did he actually stay in Australia "  , it may be a bit difficult to clear it up for him.

Indeed as he decided not to appear for the hearing and add or answer questions, while remaining in the Philippines where he resides. 

Posted (edited)
56 minutes ago, tryasimight said:

My wife just got permanent residency and we were both overseas (and still are) at the time. 

No doubt she would have been in the country when she applied and was put on a temporary residency visa, before she received the permanent residency via, congrats by the way ?

Edited by 4MyEgo
  • Like 1
Posted
11 hours ago, ELVIS123456 said:

And just for clarity - 4MyEgo means you must have a min 10 years residency in Aust (after age 16) to get the part-Pension paid when you go overseas, and a min of  35 years (after age 16) to get the full-Pension paid when you go overseas.

Continuous (unbroken) years (10) from my understanding 555

  • Thanks 1
Posted
4 hours ago, tryasimight said:

My wife just got permanent residency and we were both overseas (and still are) at the time. 

My understanding is that you can be overseas at the time of approval, but you must be resident in Australia and the approval officially happens when you re-enter the country.  By resident, I mean you live in Australia - it is OK to be overseas on holiday etc.

  • Like 1
Posted (edited)

 

Quote

From 1 July 2018, to receive Age Pension or Disability Support Pension (DSP), a person will need to have:

  • 10 continuous years of Australian residence including at least five years during their Australian working life, or
  • 10 continuous years of Australian residence and proof they have not received activity tested income support for cumulative periods of five years or more, or
  • 15 years of continuous Australian residence.

Residence during a person’s working life is the number of years a person has resided (lived permanently) in Australia between age 16 and age pension age.

It's one of those populist (read 'appeasing Pauline Hanson voters') measures to been seen to crack down on migrant rorts - get a male family member on a "refugee" boat, he gets the entire family in down the track via 'family reunion' provisions.  Many of whom go straight onto welfare. Same goes for regular migrants that bring their entire family over, including Granny - hello China!   

 

How does it affect us?  Those with Oz Citizen Thai wives that have never spent much time in Australia might be impacted.  Same with Kiwis etc. who treat the place as their own backyard.  Otherwise cannot see much to worry most of us - unless that "10 continuous years" does not allow short stints working overseas, or even holidays.   :shock1:

Edited by moojar
  • Like 1
Posted
6 hours ago, moojar said:

 

It's one of those populist (read 'appeasing Pauline Hanson voters') measures to been seen to crack down on migrant rorts - get a male family member on a "refugee" boat, he gets the entire family in down the track via 'family reunion' provisions.  Many of whom go straight onto welfare. Same goes for regular migrants that bring their entire family over, including Granny - hello China!   

 

How does it affect us?  Those with Oz Citizen Thai wives that have never spent much time in Australia might be impacted.  Same with Kiwis etc. who treat the place as their own backyard.  Otherwise cannot see much to worry most of us - unless that "10 continuous years" does not allow short stints working overseas, or even holidays.   :shock1:

" does not allow short stints working overseas, or even holidays.   :shock1: "  Dont be ridiculous.

  • Like 1
Posted
On 1/18/2018 at 4:53 PM, simple1 said:

The first line stats the following.

 

Information update: This Budget measure is subject to the passage of legislation.

 

Has this happened?

 

 

  • Like 1
Posted
1 minute ago, ripstanley said:

The first line stats the following.

 

Information update: This Budget measure is subject to the passage of legislation.

 

Has this happened?

 

 

On the same web page it states "This measure will start on 1 July 2018 and is ongoing." so unsure

  • Like 1
Posted
16 hours ago, keithpa said:

" does not allow short stints working overseas, or even holidays.   :shock1: "  Dont be ridiculous.

You're a bit of a charmer aren't you mate. 

 

In speaking with Centrelink International regarding our future plans, they did mention that the two or three periods of several months my (citizen) wife has spent in Thailand over the years will not count towards her 35 years of 'working life residence'.  Make of that what you will. 

 

Current requirements state:

Quote

To get Age Pension you need to have been an Australian resident for at least 10 years in total. For at least 5 of these years, there must be no break in your residence.

(Italics are mine)

https://www.humanservices.gov.au/individuals/enablers/residence-rules-age-pension

 

So, what does 'continuous' mean?  It's the same old question we keep coming back to really, regarding Centrelink's residency rules.  The answer:  FIIK. - Defintion #3 in my case.  :smile:  

  • Like 1
Posted
4 hours ago, moojar said:

You're a bit of a charmer aren't you mate. 

 

In speaking with Centrelink International regarding our future plans, they did mention that the two or three periods of several months my (citizen) wife has spent in Thailand over the years will not count towards her 35 years of 'working life residence'.  Make of that what you will. 

 

Current requirements state:

(Italics are mine)

https://www.humanservices.gov.au/individuals/enablers/residence-rules-age-pension

 

So, what does 'continuous' mean?  It's the same old question we keep coming back to really, regarding Centrelink's residency rules.  The answer:  FIIK. - Defintion #3 in my case.  :smile:  

It is possible that her place of birth was taken into consideration. I know of thousands of thai women, marrying farangs just to get the benefits of living in Oz, USA, Canada etc. (my ex was one)

Posted (edited)
On 20/01/2018 at 8:48 AM, moojar said:

In speaking with Centrelink International regarding our future plans, they did mention that the two or three periods of several months my (citizen) wife has spent in Thailand over the years will not count towards her 35 years of 'working life residence'.  Make of that what you will. 

I would say Centrelink would allow for your wife's standard overseas holiday, i.e. 4 week period, anything over that would be stretching it, suffice to say, any period above that would be deducted from the period of a part pension or full pension, i.e. 10 years for a part pension, or 35 years for a full pension of 'working/life residency.

 

Lets not forget, you are not required to of actually worked in Australia in that 35 year period to get the full pension, you must have resided there for those periods to qualify for it, i.e. you need 35 years in Australia, at least 10 years in the country, with at least 5 years without a break in that period for a part pension, same applies, i.e. 10 years in Australia with at least, 5 years without a break in the 35 years (total period) to qualify for the OAP.

 

Hope that clears it up as I am pretty sure its correct.

Edited by 4MyEgo
Posted
1 hour ago, 4MyEgo said:

I would say Centrelink would allow for your wife's standard overseas holiday, i.e. 4 week period, anything over that would be stretching it, suffice to say, any period above that would be deducted from the period of a part pension or full pension, i.e. 10 years for a part pension, or 35 years for a full pension of 'working/life residency.

 

Lets not forget, you are not required to of actually worked in Australia in that 35 year period to get the full pension, you must have resided there for those periods to qualify for it, i.e. you need 35 years in Australia, at least 10 years in the country, with at least 5 years without a break in that period for a part pension, same applies, i.e. 10 years in Australia with at least, 5 years without a break in the 35 years (total period) to qualify for the OAP.

 

Hope that clears it up as I am pretty sure its correct.

Things have changed then since I got mine, had to have worked, ie been a tax payer.

Posted
37 minutes ago, keithpa said:

Things have changed then since I got mine, had to have worked, ie been a tax payer.

Not true, never had to have worked to qualify for OAP.

Posted
1 hour ago, giddyup said:

Not true, never had to have worked to qualify for OAP.

"

A full pension can be paid if a person has
Australian working life residence of 25 years. A proportional pension can be paid for lesser
periods.  I must have confused working life with working.  .
,

 

 
Posted
40 minutes ago, keithpa said:

Never?

Plenty of people, housewives, dole bludgers etc never had a paying job yet still qualify for OAP as long as resident for 10 years or more.

  • Like 1
Posted
On 1/19/2018 at 11:27 PM, ripstanley said:

The first line stats the following.

Information update: This Budget measure is subject to the passage of legislation.

Has this happened?

https://www.agedcareguide.com.au/talking-aged-care/pension-recipients-subject-to-new-rules

 

I believe that it will be presented this year with the plan to be applicable from July 1 2018.  Labor and Greens seem to be opposed - but who knows until they get to vote for or against.  

 

Turnbull is going to go as hard as he can to reduce costs in early 2018, with the plan to 'soften up' later in the year in preparation for the 2019 election. Meanwhile Labor will block as much as they can to stop the Libs balancing the Budget and having money over for the 'goodies' in 2019 Budget.  Which means this change will be fought by Labor and it will be up to the Independents and Greens. What a great system we have whereby tossers and fringe dwellers decide what does and doesnt get passed.

 

Posted
18 hours ago, sceadugenga said:

Is that the system that gives the Greens one seat in the House of Representatives with 8 1/2% of the vote and the Nationals 31 seats with 14%?

 

https://en.wikipedia.org/wiki/Australian_federal_election,_2013

Nice try - but wrong.  

 

House of Reps is Geographical based electorates - about 90,000 voters in each.  If it was first vote only, and no preferential system, then there would be a more equitable representation of the People's voting choices.  Libs, Nats and Labor would be the only ones elected.

 

But it is in the Senate that the Greens and Independents control things, with bugger all percentage of the votes - either Statewide or Nationally.  Sen Harradine used to manipulate Govts with just over 15,000 votes, same as that current female lunatic whose name escapes me. 

 

 

Posted (edited)
1 hour ago, Gregster said:

“Ten continuous years of Australian residence and proof they have not received activity tested income support for cumulative periods of five years of more”
What exactly is “activity tested income support” ?

 

Job seekers receiving Newstart Allowance, Youth Allowance, Special Benefit and Parenting Payment have an activity test or participation requirements to qualify—and remain qualified—for the payment.

https://www.alrc.gov.au/publications/8-social-security—determining-capacity-work/activity-tests-participation-requirements-a

 

 

The Age Pension qualifying criterion is :

 

Ten continuous years of Australian residence, including at least five years during their Australian working life,  OR

Ten continuous years of Australian residence and proof they have not received activity tested income support for cumulative periods of five years of more, OR

15 years of continuous Australian residence.

 

It looks like it is about stopping new immigrants who come to Australia at an age that is less than 10 years from the qualifying age for the pension, and then receive the dole for 5 or more years.  They will probably have to stay on the dole only, which seems fair enough to me.  But being as smart about welfare payments as they are, they will probably stay only 4 years and 10 months on the dole, and then wait for the Pension. 

 

Edited by ELVIS123456
  • Like 1
Posted

Just wondering if anyone knows if Centrelink looks for overseas bank accounts of OAP applicants, especially if an applicant has had many recent, lengthy “holidays” in a particular country?

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