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Posted
7 hours ago, halloween said:

I transfer via a 3rd party (OFX) to my g/f's a/c. $15 flat fee and better exchange rates.

You will find that there will be an AUSTRAC report generated by OFX  and that your name will be on that report as the sender of the money. CL will have access to AUSTRAC. All moneys transferred overseas by financial institutions  will have  an  AUSTRAC report. The only exceptions will be if you hand carry cash and it is less than AU$10,000.

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Posted
2 hours ago, giddyup said:

I already said that you have to meet the criteria to access the OAP, but I don't think C'link can get info about overseas accounts unless you advise them. If you have evidence to the contrary please let us know.

I think it is better not to take a chance. Just close the account when you apply and open it later. If they did somehow find out that you were lying, I doubt it would help you much. :smile: But, yes, to help, don't transfer money to your account else they may work it out.

Posted
11 minutes ago, rhodie said:

I think it is better not to take a chance. Just close the account when you apply and open it later. If they did somehow find out that you were lying, I doubt it would help you much. :smile: But, yes, to help, don't transfer money to your account else they may work it out.

I maintain 1 Thai bank account and transfer some money on a not too regular basis as needed and mark the transfer as Sustenance - we have to eat and enjoy ourselves. Don't we too smart - they are just as smart with a lot more tools at their disposal. 

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Posted
50 minutes ago, ELVIS123456 said:

Agree.  As others have said CLink may have records of you transferring money overseas - but they wont have direct access to the account details (statements). Best to cancel the account before you return and apply for OAP - when they ask if you have an account overseas (knowing you have transferred money) say yes I did but not now and show them the record of you cancelling the account - this will be more 'proof' you intend staying in Aust. 

 

 

If you are Married would it be better to divorce her and after you get portability and move back to Thailand you can remarry but only a village wedding not on paper.

You would not lose any pension this way and cut out the link to Thailand, You could then say I have divorced my wife over there and never going back, Just a thought.

Posted
48 minutes ago, nev said:

If you are Married would it be better to divorce her and after you get portability and move back to Thailand you can remarry but only a village wedding not on paper.

You would not lose any pension this way and cut out the link to Thailand, You could then say I have divorced my wife over there and never going back, Just a thought.

Better yet, don't marry in the first place.

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Posted
20 hours ago, Gregster said:


Great suggestion re OFX, but from what I’ve researched, you can only TRANSFER (orBPay) money to OFX from your BANK ACCOUNT. Wouldn’t this leave a transaction record for Centrelink for them to ask you “where/who did this money go” when they’re scrutinising your bank account?

Yes, that is why I have done it once, and only since my OAP application. Waiting to see what, if any, questions will be asked. I have strong family links to Thailand, so have plenty of reasons for a transfer, assuming OFX will give them details on an unreportable amount. I still spend 5 months a year there while re-establishing Oz residency, and have tickets both ways booked to do so after pension is granted.

Further into the future, plans are yet to be decided, if asked.

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Posted
20 hours ago, nev said:

If you are Married would it be better to divorce her and after you get portability and move back to Thailand you can remarry but only a village wedding not on paper.

You would not lose any pension this way and cut out the link to Thailand, You could then say I have divorced my wife over there and never going back, Just a thought.

Actually that is an excellent thought.  Obviously you would need a very understanding wife and family, and she must never visit you while you are in Aust waiting poertability.  If possible, that would give you 100% OAP rate (not the married rate) both in Aust and when you go back to Thailand.

 

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Posted
23 minutes ago, ELVIS123456 said:

Actually that is an excellent thought.  Obviously you would need a very understanding wife and family, and she must never visit you while you are in Aust waiting poertability.  If possible, that would give you 100% OAP rate (not the married rate) both in Aust and when you go back to Thailand.

 

Just say we will end up with more money tilac, They will drag you to the amphur in next to no time.

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Posted
1 hour ago, ELVIS123456 said:

Actually that is an excellent thought.  Obviously you would need a very understanding wife and family, and she must never visit you while you are in Aust waiting poertability.  If possible, that would give you 100% OAP rate (not the married rate) both in Aust and when you go back to Thailand.

 

Just curious, why do you think that the Mrs couldn't visit you in Australia?

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Posted
1 hour ago, Will27 said:

Just curious, why do you think that the Mrs couldn't visit you in Australia?

Unfortunately, CLink has ways and means to find out that a person who is staying with you, is in fact your wife that you claimed to have been divorced from.  That can be through her Visa and Travel (all recorded) as well as her destination and abode (also recorded), from other Agencies informing them (say after a car accident), or someone informing them (this happens a lot), and even the person beign honest an admitting things through fear of authority (happens a lot too).  

 

If this should happen, then CLink will immediately cancel the OAP at full rate and change to married rate, and the approval for portability will definitely be subjected to 'severe vetting'.  They will probably view it as a deliberate attempt to defraud the OAP pension system, and they may have charges laid, and they could even try to cancel the OAP and deny portability if they can establish that you did all this to defraud the system.  Mate - it is like riding a bike in Thailand without a helmet (or sleeping with a bar girl without a condom), it may feel good and be more enjoyable, but the downsides are extreme if something goes wrong. Dont do it IMO.

 

You can visit Thailand for a short holiday during the 'probation' period - the OAP will cease when you leave and start again when you return - CLink will OK a few weeks but any more (say 2 months) is problematic for your probation period. Say you are going to visit friends and close off a few personal things and make sure you fly into another City where she does not live - then catch a bus/train/taxi to there. Or better still meet her at a seperate location (dont use your bank to pay her tickets etc).  If she lives in Isaan you can fly to Bangkok and then catch a train or bus to wherever. Dont use banking or anything else that can be recorded, outside of Bangkok. Pay for a super cheap hotel for the whole month in Bangkok or wherever you fly to (keep receipt) so it looks like you did stay there.  There are other things to think of, so think slowly and plan well, and make sure you are discrete and covered such as the rent receipt (if they ask). 

 

Likewise, when in Aust be discrete - dont tell anyone that you are going to (or did) stay with your wife - people talk too much - tell them all you are divorced and that is one reason you came back.  I remember the story of one bloke whose bitch neighbour dobbed him in - he had a few issues with her and when his Thai GF/wife came to stay a while, she dobbed him in to CLink - they apparently now have an online system for dobbers and you can do it anonymously.  Be discrete and cover yourself at all times if you take such an approach and decide to go visit the 'ex'.  Never have her come to Aust, maybe visit a couple of times, but it is wise to be discrete at all times and with all people if you have something serious to hide.

 

 

 

 

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Posted
15 hours ago, halloween said:

Yes, that is why I have done it once, and only since my OAP application. Waiting to see what, if any, questions will be asked. I have strong family links to Thailand, so have plenty of reasons for a transfer, assuming OFX will give them details on an unreportable amount. I still spend 5 months a year there while re-establishing Oz residency, and have tickets both ways booked to do so after pension is granted.

Further into the future, plans are yet to be decided, if asked.

Tickets both ways pre-purchased is a great strategy - this clearly means the person always had the intention to return 'home' at a specific date.  Buying a one-way ticket doesn't look good (to CLink).  And it is all about looking good and being good to CLink.

 

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Posted

Why do us "old farts" have to go through all of this BS to maintain our OAP?

I would like to venture that retired pollies don't have to with their farewell pension.

The sooner we have an OAP party to fraught these rules the better..

Posted
2 hours ago, ELVIS123456 said:

Unfortunately, CLink has ways and means to find out that a person who is staying with you, is in fact your wife that you claimed to have been divorced from.  That can be through her Visa and Travel (all recorded) as well as her destination and abode (also recorded), from other Agencies informing them (say after a car accident), or someone informing them (this happens a lot), and even the person beign honest an admitting things through fear of authority (happens a lot too).  

 

If this should happen, then CLink will immediately cancel the OAP at full rate and change to married rate, and the approval for portability will definitely be subjected to 'severe vetting'.  They will probably view it as a deliberate attempt to defraud the OAP pension system, and they may have charges laid, and they could even try to cancel the OAP and deny portability if they can establish that you did all this to defraud the system.  Mate - it is like riding a bike in Thailand without a helmet (or sleeping with a bar girl without a condom), it may feel good and be more enjoyable, but the downsides are extreme if something goes wrong. Dont do it IMO.

 

You can visit Thailand for a short holiday during the 'probation' period - the OAP will cease when you leave and start again when you return - CLink will OK a few weeks but any more (say 2 months) is problematic for your probation period. Say you are going to visit friends and close off a few personal things and make sure you fly into another City where she does not live - then catch a bus/train/taxi to there. Or better still meet her at a seperate location (dont use your bank to pay her tickets etc).  If she lives in Isaan you can fly to Bangkok and then catch a train or bus to wherever. Dont use banking or anything else that can be recorded, outside of Bangkok. Pay for a super cheap hotel for the whole month in Bangkok or wherever you fly to (keep receipt) so it looks like you did stay there.  There are other things to think of, so think slowly and plan well, and make sure you are discrete and covered such as the rent receipt (if they ask). 

 

Likewise, when in Aust be discrete - dont tell anyone that you are going to (or did) stay with your wife - people talk too much - tell them all you are divorced and that is one reason you came back.  I remember the story of one bloke whose bitch neighbour dobbed him in - he had a few issues with her and when his Thai GF/wife came to stay a while, she dobbed him in to CLink - they apparently now have an online system for dobbers and you can do it anonymously.  Be discrete and cover yourself at all times if you take such an approach and decide to go visit the 'ex'.  Never have her come to Aust, maybe visit a couple of times, but it is wise to be discrete at all times and with all people if you have something serious to hide.

 

 

 

 

I was referring to nev's post who said he would divorce.

If so, this wouldn't be a problem I'd imagine.

 

No offense, but I think you're going right over the top with this.

From what I know about applying for the OAP (which isn't a lot), they ask if you're married or not.

If not, that surely is the end of it.

 

If Joe Average lodges an application for the OAP, then it will be assessed processed.

AFAIK, the type of stuff you're implying is when there is an investigation. And even then,

things like flying into different places and not use banks etc seems like a James Bond movie.

 

How do you think  Centrelink would know or care where you once you arrive in Thailand?

They aren't going to try to track internal movements inside of Thailand.

 

They haven't got the resources nor time to worry about Joe Pensioner TBH.

Now if you're trying to con them, that's a different thing all together.

 

So if you say you're not married and you're not what you do is none of their business.

If you say you aren't married and you're, that's different.

 

Posted
3 hours ago, ELVIS123456 said:

Unfortunately, CLink has ways and means to find out that a person who is staying with you, is in fact your wife that you claimed to have been divorced from.  That can be through her Visa and Travel (all recorded) as well as her destination and abode (also recorded), from other Agencies informing them (say after a car accident), or someone informing them (this happens a lot), and even the person beign honest an admitting things through fear of authority (happens a lot too).  

 

If this should happen, then CLink will immediately cancel the OAP at full rate and change to married rate, and the approval for portability will definitely be subjected to 'severe vetting'.  They will probably view it as a deliberate attempt to defraud the OAP pension system, and they may have charges laid, and they could even try to cancel the OAP and deny portability if they can establish that you did all this to defraud the system.  Mate - it is like riding a bike in Thailand without a helmet (or sleeping with a bar girl without a condom), it may feel good and be more enjoyable, but the downsides are extreme if something goes wrong. Dont do it IMO.

 

You can visit Thailand for a short holiday during the 'probation' period - the OAP will cease when you leave and start again when you return - CLink will OK a few weeks but any more (say 2 months) is problematic for your probation period. Say you are going to visit friends and close off a few personal things and make sure you fly into another City where she does not live - then catch a bus/train/taxi to there. Or better still meet her at a seperate location (dont use your bank to pay her tickets etc).  If she lives in Isaan you can fly to Bangkok and then catch a train or bus to wherever. Dont use banking or anything else that can be recorded, outside of Bangkok. Pay for a super cheap hotel for the whole month in Bangkok or wherever you fly to (keep receipt) so it looks like you did stay there.  There are other things to think of, so think slowly and plan well, and make sure you are discrete and covered such as the rent receipt (if they ask). 

 

Likewise, when in Aust be discrete - dont tell anyone that you are going to (or did) stay with your wife - people talk too much - tell them all you are divorced and that is one reason you came back.  I remember the story of one bloke whose bitch neighbour dobbed.  him in - he had a few issues with her and when his Thai GF/wife came to stay a while, she dobbed him in to CLink - they apparently now have an online system for dobbers and you can do it anonymously.  Be discrete and cover yourself at all times if you take such an approach and decide to go visit the 'ex'.  Never have her come to Aust, maybe visit a couple of times, but it is wise to be discrete at all times and with all people if you have something serious to hide.

 

 

 

 

Sorry...your advice is complete and utter rubbish...I know from my own experience.  It works well if you read and adhere to requirement by applying the rules about Centrelink's  "Separated living under the same roof" form, read the form study the form and a apply the requirements  As long as you do not have an intimate relationship with your estranged wife or partner and sleep in a separate bedroom in your jointly owned house, you will receive the single aged pension and it is not a requirement that you sell any jointly owned property.  I have been living  "separated living under the one roof for some years now" OK I go back and forth to Thailand on my own and usually stay 3 months at a time and then return to Aus .   I own half a house with my estranged wife we don't plan to devorce (not required) share the facilities when I in Australia, keep all my personal belonging at our jointly owned house in a seperate room, keep my  camper van in the garage,  We have separated our super and cash equal but are allowed to have a joint account which is for the purpose of paying online household bills which we  contribute 50/50...never had any problems from Centrelink they know it all.  I and my estranged wife by agreement strive to stay civil to each other , even attend grandchildren's and family events together .  We both receive the single aged pension, I lose most of the approx $58  pension supplement after 6 weeks in Thailand...stick to the rules and don't take any notice of the so called dobbers that is all rubbish.

 

PS.. Once granted the aged pension you can go and live anywhere you like in the world...Centrelink will send your pension to any bank you wish each 4 weeks and they will pay the transfer fee...and yes if you get a partner mums the word.

Posted

Does anyone know where in the Legislation does it state that residing in AUS continuously (without leaving the country) for the 2 previous years prior to OAP application date, automatically gives the applicant portability? Assumes applicant meets all other eligibility criteria.

 

I ask because a OAP Centrelink officer yesterday told me they now look back at the applicant’s travel history for 5 years (not 2). She checked with an International OAP rep who confirmed it’s 5 years, not 2.

 

Would be great to know where it states “2 years”...

Posted
14 minutes ago, Gregster said:

Does anyone know where in the Legislation does it state that residing in AUS continuously (without leaving the country) for the 2 previous years prior to OAP application date, automatically gives the applicant portability? Assumes applicant meets all other eligibility criteria.

 

I ask because a OAP Centrelink officer yesterday told me they now look back at the applicant’s travel history for 5 years (not 2). She checked with an International OAP rep who confirmed it’s 5 years, not 2.

 

Would be great to know where it states “2 years”...

All you really have to do to qualify for an Aus aged pension during the 2 or 5 years residency period is to make a few cheap trips back to Australia like Perth/BKK and return at about less then $300. Stay a few months then off again...you are resident in Australia but having an extended  holiday,  overseas...easy.

Posted
11 hours ago, Will27 said:

I was referring to nev's post who said he would divorce.

If so, this wouldn't be a problem I'd imagine.

 

No offense, but I think you're going right over the top with this.

From what I know about applying for the OAP (which isn't a lot), they ask if you're married or not.

If not, that surely is the end of it.

 

If Joe Average lodges an application for the OAP, then it will be assessed processed.

AFAIK, the type of stuff you're implying is when there is an investigation. And even then,

things like flying into different places and not use banks etc seems like a James Bond movie.

 

How do you think  Centrelink would know or care where you once you arrive in Thailand?

They aren't going to try to track internal movements inside of Thailand.

 

They haven't got the resources nor time to worry about Joe Pensioner TBH.

Now if you're trying to con them, that's a different thing all together.

 

So if you say you're not married and you're not what you do is none of their business.

If you say you aren't married and you're, that's different.

 

I hear you - and I do sometimes go into too much detail - but that is only because I have done so much research - including about blokes who have been caught and punished and their (usually failed) appeals to SSAT and AAT.   I figure too much information is better than too little. I am only trying to help those who may be deciding to do something that is not strictly within the rules, but is bending it a little. I would never suggest any blatant cheating of the system, but if you know how it works then you can take the appropriate action/s.

 

Sorry to tell you this, but it is CLink's right to know exactly whatever you are claiming to be true and whatever you are doing (within limits). This applies whenever you have applied for a payment from them. That claim of privacy was lost in the Courts many years ago, and the onus is on you to prove CLink wrong is when they make a decision - not the other way around. 

 

Let me give you but one example of how things really stand:  If in the opinion of a authorised CLink delegate, you have falsified information, then the CLink delegate can take whatever action they deem appropriate - everything from cancelling payment to seeking charges for fraud. They do not have to prove (to a court or tribunal) before they take action to cancel - and the onus is on you to appeal their decision and that often requires you to prove to a court/tribunal that they were wrong.  And good luck with that.

 

IMO it is best to know everything and then make decisions based on that.  Up to you - no one has to be so 'detailed', but one thing I have learned, is that the vast majority of blokes who 'come undone' in this area, did not know nor understand how things work.  Often, a few simple things would have saved a lot of grief and trouble.

 

 

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Posted
11 hours ago, David Walden said:

Sorry...your advice is complete and utter rubbish...I know from my own experience.  It works well if you read and adhere to requirement by applying the rules about Centrelink's  "Separated living under the same roof" form, read the form study the form and a apply the requirements  As long as you do not have an intimate relationship with your estranged wife or partner and sleep in a separate bedroom in your jointly owned house, you will receive the single aged pension and it is not a requirement that you sell any jointly owned property.  I have been living  "separated living under the one roof for some years now" OK I go back and forth to Thailand on my own and usually stay 3 months at a time and then return to Aus .   I own half a house with my estranged wife we don't plan to devorce (not required) share the facilities when I in Australia, keep all my personal belonging at our jointly owned house in a seperate room, keep my  camper van in the garage,  We have separated our super and cash equal but are allowed to have a joint account which is for the purpose of paying online household bills which we  contribute 50/50...never had any problems from Centrelink they know it all.  I and my estranged wife by agreement strive to stay civil to each other , even attend grandchildren's and family events together .  We both receive the single aged pension, I lose most of the approx $58  pension supplement after 6 weeks in Thailand...stick to the rules and don't take any notice of the so called dobbers that is all rubbish.

 

PS.. Once granted the aged pension you can go and live anywhere you like in the world...Centrelink will send your pension to any bank you wish each 4 weeks and they will pay the transfer fee...and yes if you get a partner mums the word.

It really annoys me to get critised by someone who has taken what I said totally out of context.

 

The context was a bloke who asked me some questions about returning to serve the 2 year probation, and deciding to get divorced before he returns (officially - amphur paperwork etc.), and then going and spending time with her during that 2 year period. 

 

This statement you made is totally false:  PS.. Once granted the aged pension you can go and live anywhere you like in the world...Centrelink will send your pension to any bank you wish each 4 weeks and they will pay the transfer fee...and yes if you get a partner mums the word.

 

That only applies if you have been living in Australia as a permanent resident for an appropriate period before you apply for the OAP.  If you return to Australia and become a resident and then apply for the OAP,  CLink can and will impose the 24 month portability delay.  You will not be able to leave Australia and take the OAP with you for 24 months at least.  Portability will only be allowed after you have 'served' the 24 month period as a full-time resident in Australia. 

 

Context is everything.

 

 

 

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Posted
1 minute ago, ELVIS123456 said:

It really annoys me to get critised by someone who has taken what I said totally out of context.

 

The context was a bloke who asked me some questions about returning to serve the 2 year probation, and deciding to get divorced before he returns (officially - amphur paperwork etc.), and then going and spending time with her during that 2 year period. 

 

This statement you made is totally false:  PS.. Once granted the aged pension you can go and live anywhere you like in the world...Centrelink will send your pension to any bank you wish each 4 weeks and they will pay the transfer fee...and yes if you get a partner mums the word.

 

That only applies if you have been living in Australia as a permanent resident for an appropriate period before you apply for the OAP.  If you return to Australia and become a resident and then apply for the OAP,  CLink can and will impose the 24 month portability delay.  You will not be able to leave Australia and take the OAP with you for 24 months at least.  Portability will only be allowed after you have 'served' the 24 month period as a full-time resident in Australia. 

 

Context is everything.

 

 

 

There are ways around this like stating a return date to Aus which you could change, or being on holidays and making a few trips back to Aus.  Thailand is not far from Aus...play it right look deeper be happy, don't worry.

  I can find nothing on Centrelink web site that says you will lose your pension once granted except for the "assets and income test".  I do know however you will lose your pension supplement (approx$58 p/f )from the day you leave Australia and not after the 6 weeks period of grace if you do not show a return date...Much of what you is just not true.

Posted
42 minutes ago, ELVIS123456 said:

I hear you - and I do sometimes go into too much detail - but that is only because I have done so much research - including about blokes who have been caught and punished and their (usually failed) appeals to SSAT and AAT.   I figure too much information is better than too little. I am only trying to help those who may be deciding to do something that is not strictly within the rules, but is bending it a little. I would never suggest any blatant cheating of the system, but if you know how it works then you can take the appropriate action/s.

 

Sorry to tell you this, but it is CLink's right to know exactly whatever you are claiming to be true and whatever you are doing (within limits). This applies whenever you have applied for a payment from them. That claim of privacy was lost in the Courts many years ago, and the onus is on you to prove CLink wrong is when they make a decision - not the other way around. 

 

Let me give you but one example of how things really stand:  If in the opinion of a authorised CLink delegate, you have falsified information, then the CLink delegate can take whatever action they deem appropriate - everything from cancelling payment to seeking charges for fraud. They do not have to prove (to a court or tribunal) before they take action to cancel - and the onus is on you to appeal their decision and that often requires you to prove to a court/tribunal that they were wrong.  And good luck with that.

 

IMO it is best to know everything and then make decisions based on that.  Up to you - no one has to be so 'detailed', but one thing I have learned, is that the vast majority of blokes who 'come undone' in this area, did not know nor understand how things work.  Often, a few simple things would have saved a lot of grief and trouble.

 

 

TBH, I don't really know what you mean by these paragraphs.

I didn't say anything to the contrary.

 

What I basically said was, that if you're honest with Centrelink, you haven't really got anything to worry about.

Posted
15 minutes ago, Will27 said:

TBH, I don't really know what you mean by these paragraphs.

I didn't say anything to the contrary.

 

What I basically said was, that if you're honest with Centrelink, you haven't really got anything to worry about.

Honesty IMO is for suckers, although the majority of us are just that, honest, and this is what Centrelink looks for, honesty, that is when they will deliver to you the news that you don't want, and naturally get angry, i.e. I worked all of my life and now you are telling me.

 

Loose tongues sink ships, governments are looking to cut back, it all about understanding the system, and fitting into the system so you do not loose, and bending the rules a little here and there is what you need to do to survive.

 

ELVIS123456 is smarter than most you blokes put together, so give a little credit, he is a planner, he has read the legislation as I have done, he has researched long and hard, he is educated on this topic.

 

If you guys want to go in with the honest approach, then be prepared to be cut down, up to you, me personally, I would plan well before hand like ELVIS123456, and reply to questions they ask, speak little and let them work it out given their guide lines which you should be well informed of, so as to level the playing field.

 

 

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Posted
On ‎4‎/‎3‎/‎2018 at 2:47 PM, Will27 said:

Maybe/possibly he informed Centrelink about the account.

 

Yep, I'm not sure how Centrelink would even know how to get details of overseas accounts

unless they were informed by the applicant.

Funds transfer history from your Oz bank.

Posted
14 minutes ago, 4MyEgo said:

aboutHonesty IMO is for suckers, although the majority of us are just that, honest, and this is what Centrelink looks for, honesty, that is when they will deliver to you the news that you don't want, and naturally get angry, i.e. I worked all of my life and now you are telling me.

 

Loose tongues sink ships, governments are looking to cut back, it all about understanding the system, and fitting into the system so you do not loose, and bending the rules a little here and there is what you need to do to survive.

 

ELVIS123456 is smarter than most you blokes put together, so give a little credit, he is a planner, he has read the legislation as I have done, he has researched long and hard, he is educated on this topic.

 

If you guys want to go in with the honest approach, then be prepared to be cut down, up to you, me personally, I would plan well before hand like ELVIS123456, and reply to questions they ask, speak little and let them work it out given their guide lines which you should be well informed of, so as to level the playing field.

 

 

I agree with that paragraph, you've got to play it smart and do your homework.

Not so sure about the rest TBH.

 

There's guys on here who have read the play about losing money if they get married

and so have decided not go that way.

 

I'm far from being on big brothers side, but if you decide to bullshit them and get caught,

you've no one else to blame.

 

 

 

 

Posted
29 minutes ago, Old Croc said:

Funds transfer history from your Oz bank.

I'm not sure that C'link have access to your Aussie bank details either, AFAIK it's only the Tax Dept.

 

Could you please settle an argument for me? A couple of my friends say that Centrelink can look at our bank accounts any time it likes. I say it can’t, as it would be a breach of the privacy act. Which of us is correct?

A.  There are many anecdotal stories on whether Centrelink can and does check bank accounts and the upshot is that Centrelink does not have the power to spot check individual's bank accounts. However, it does utilise data-matching with other Government agencies to weed out cases of possible welfare fraud.

For example, if you were to provide Centrelink with one set of figures and information, but the ATO with something different, this would be flagged by data-matching software. Centrelink has the power at this point to request details of your accounts from your bank. This information will be sent in an encrypted form to specialised staff, who will review them.

Centrelink does not have the ability to remove funds from your account; however, it does have several means by which it can recoup overpayments

  • Centrelink will issue an Account Payable letter explaining how much is owed, why it’s owed, when it’s due and how it can be repaid.
  • If you do not make repayments, Centrelink can reduce your income support payment by 15 per cent. If you have additional income, the amount can be more than 15 per cent.
  • Crentlink can also engage the services of a debt collection agency if you do not meet the repayment schedule.
  • It can refer your case to its solicitors for legal action.
  • In extreme cases, it can issues a garnishee on your wages, tax return, income and assets or money held in a bank account. This means an amount is recovered and paid to Centrelink.
  • Thanks 1
Posted

The same discussions keep going round and round.

 

A lot of the problems, status and misunderstandings come down to "What you declare" to the Australian Government.

 

It must be something to do with the convict streak, but most Australians seem to have a "sticking it to the man" mentality. Most seem to want to declare to the Government that they are moving to Thailand for good, buying a house, marrying a Thai, and never coming back. Then wonder why they have taxation, residency, medicare and pension issues.

 

If anyone asks, immigration, centerlink, medicare etc, "you live in Australia", Australia is home etc. There is a huge difference between going to permanently live in another country and just being outside Australia, travelling, doing the word tour, visiting on a temporary basis etc. Thai immigration actually does you a big favour in this regard, as its always a temporary stay and you are never a resident.

 

There are lots of basic things you can do to remain (to be seen as) in Australia for residency, taxation, medicare, pensions etc. 

 

1) As stated previously, if anyone asks, you live in Australia and Australia is home.

 

2) Keep doing tax returns and for the first question "Are you a resident for taxation purposes" answer YES.

 

3)Any time you leave Australia, on the departure card were it asks "are you going to live somewhere else" answer NO,  "where are you going" answer 3-4 different places or put a different country each time you leave. I have a history of travel to Thailand but I transit through Thailand on my way to other places.

 

4)Keep an Australian address (mother, sister, friend),  Enroll to vote (and vote), keep Australian bank accounts active, keep MyGov account active and link up medicare, taxation etc, ask for a new Medicare card now and then.

 

5)If any Gov department brings up living in Thailand, show them your "temporary", non-immigrant, non resident visa, you dont live permanently in Thailand, Thailand wont let you.

 

I got jury duty the other day, got fined for not voting in local council elections, got sent a new Medicare card, got pinged for not having a tax file number on a bank account. So lots of Gov departments still consider me as in Australia.

 

Repeat after me, "I live in Australia, Australia is home, I travel a lot but dont live in another country".

 

  • Like 1
Posted
2 minutes ago, Peterw42 said:

 If anyone asks, immigration, centerlink, medicare etc, "you live in Australia", Australia is home etc. There is a huge difference between going to permanently live in another country and just being outside Australia, travelling, doing the word tour, visiting on a temporary basis etc. Thai immigration actually does you a big favour in this regard, as its always a temporary stay and you are never a resident. 

 

All well and good if you are making regular trips back to Australia, but a bit hard to say "I live in Australia" when I haven't been back in 8 years.

Posted
11 minutes ago, Peterw42 said:

The same discussions keep going round and round.

 

A lot of the problems, status and misunderstandings come down to "What you declare" to the Australian Government.

 

It must be something to do with the convict streak, but most Australians seem to have a "sticking it to the man" mentality. Most seem to want to declare to the Government that they are moving to Thailand for good, buying a house, marrying a Thai, and never coming back. Then wonder why they have taxation, residency, medicare and pension issues.

 

If anyone asks, immigration, centerlink, medicare etc, "you live in Australia", Australia is home etc. There is a huge difference between going to permanently live in another country and just being outside Australia, travelling, doing the word tour, visiting on a temporary basis etc. Thai immigration actually does you a big favour in this regard, as its always a temporary stay and you are never a resident.

 

There are lots of basic things you can do to remain (to be seen as) in Australia for residency, taxation, medicare, pensions etc. 

 

1) As stated previously, if anyone asks, you live in Australia and Australia is home.

 

2) Keep doing tax returns and for the first question "Are you a resident for taxation purposes" answer YES.

 

3)Any time you leave Australia, on the departure card were it asks "are you going to live somewhere else" answer NO,  "where are you going" answer 3-4 different places or put a different country each time you leave. I have a history of travel to Thailand but I transit through Thailand on my way to other places.

 

4)Keep an Australian address (mother, sister, friend),  Enroll to vote (and vote), keep Australian bank accounts active, keep MyGov account active and link up medicare, taxation etc, ask for a new Medicare card now and then.

 

5)If any Gov department brings up living in Thailand, show them your "temporary", non-immigrant, non resident visa, you dont live permanently in Thailand, Thailand wont let you.

 

I got jury duty the other day, got fined for not voting in local council elections, got sent a new Medicare card, got pinged for not having a tax file number on a bank account. So lots of Gov departments still consider me as in Australia.

 

Repeat after me, "I live in Australia, Australia is home, I travel a lot but dont live in another country".

 

The point re only permanent residence in Thailand is a good one, and should always form a major part any time you are asked about your Aussie status. 

Posted
15 minutes ago, giddyup said:

I'm not sure that C'link have access to your Aussie bank details either, AFAIK it's only the Tax Dept.

There's a lot of information sharing between agencies. One of the Privacy Act Principals used to cover this back in my time, but there's been a lot of amendments since then.

 

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