Here is my story on the 2 year period of restricted o/seas travel and impact on your pension.

Guess my story is similar in part to some of what has been reported her.
I returned to Australia after 6 years overseas a few months after I turned 65 and having been an Australian resident for nearly 60 of my 65 years I was entitled to a pension. I was accompanied back by my wife who now has a permanent visa for Aust. and being younger is classed as being a contributor to income, she has a very modest bank account o/seas and no property of other income(actually she is a full time PhD student). I have no overseas income or interests so was granted a partial pension as I own a local investment property as well as a home in which we live, an old car and a few hundred dollars worth of furniture etc. and a modest bank account - so nothing unusual and I considered the pension granted was within the guide lines etc etc. However, as I had been overseas for 6 years I was assessed as having to stay in Australia for the next 2 years otherwise I would lose my pension.

At the time I protested this decision but was advised in writing from the local CL office that this was the rule and that was that. I therefore started looking into the rules and the Act and found that I thought was their error. To cut the story short, I had two exchanges of letters plus phone calls with CL to still be told that – NO – cannot leave the country without it affecting your pension (not cancel but suspend payments – plus all the involved paper work). A short time later, I needed to go to the CL office to report some financial changes so I took the opportunity to raise the issue with the CL officer at the time- she had a good listen to what I had to say, looked at the earlier letters from myself and CL and asked if I wanted to request an official review by a senior officer to which I agreed.

My request for review was, I considered myself to be a resident of Australia on an extended o/seas holiday; I had property in Aust., paid local taxes, maintained medical insurance, returned to Aust. on a regular basis, didn’t have permanent residency in any other country, didn’t own any property and didn’t have any income from o/seas.

This was put straight into the system via the CL computer and was advised I would have an answer within 30 days – plus the CL officer also told me that she would be very interested in the outcome. About 3.5 weeks after this went into the system, I received a phone call for a CL officer saying she was the senior officer reviewing my request; she had a couple of questions for me. A few days later she called back to tell me my request for a review was successful and I was to be classified as a full time resident and the 2 year period didn’t apply.

So if you are in a similar situation – do not accept the local CL office decision, fight it – ask for an official review by a senior officer but have your fact right with the necessary documentation.

Yes why not !!!! Women have been fighting for equality for years, and bitching about how male oriented the world is. Now from C...L point of view we have a non sexist policy. From the guys point of view if you want easy money you do not have to be married or cohabit with a partner.

"Yes why not !!!! Women have been fighting for equality for years, and bitching about how male oriented the world is".

SOME.............................And let's not tar everyone with the same brush.

Perhaps you could start a new topic, it's not really a response to this one, sounds like you have a bee in your bonnet.

Right on, Artisi. To the point, factual and a great result.

I've been away from Oz for six years but have continued paying tax as a "resident". Does that mean I'll be regarded as a resident when I go to Centrelink in a year or so to inquire about the Age Pension, hence avoiding the two-year issue?

Xangsamhua. It used to be, I don’t know about now. Residence in regard to the aged pension was 10 years in the country (for the most part) prior to the 65 birthday. Paying taxes in the country while overseas is not residence. Residence is the body in the country.

Thank you. Looks like I'll just have to go with the flow. Que sera, sera.
But I think I might go direct to Hobart to sort it out.

The main criteria seemd to be that you need to convince them that you are still an Aussie. (provided you were an Aussie to start with) but was overseas on an extended holiday or temporary basis and always intended to return "home" and that you don't have any financial, residency status, property, commitment etc etc overseas, you also need to make a written statement that you intend to remain in Aust.
The act is designed to stop "immigrants" who came to Aust. got naturalised and worked for 10 years or so then heading home for 10 -15 years and then returned to Aust for 5 minutes just to collect the Aust. pension and head back home again - this is why they introduced the 2 year rule.
An Aust. by birth or a long term resident who moves overseas on temporary basis is penalised by this rule - so it is necessary that you fight the decision if you get caught up in the 2 year ruling and convince CL that you are home to stay - as I did - but now not being governed by the 2 year rule I can transport my pension o/seas if I wish to.

In effect the rule means that if you leave for a short o/seas trip - say to visit your wifes family etc - you pension is stopped and you need to re-apply when you return - the 2 year period re-starts again and you need to stay another 2 years before you pension is payable overseas - if you live in a country that has reciporical rights regarding pensions then the rule is different - I can't comment on this arrangement as it didn't apply in my case.

Let us say you return to Aus just as you hit 65 years, you have been away for say 4 years, you are informed the 2 years rule applies, you only have fund to last for the next couple of weeks, you have no superannuation. So you apply for a benefit, what are they going to give you unemployment Benefit ? (technically you are not unemployed as you are 65) Probably a Special benefit till they can give you the Aged Pension. I don't think they will say go away come back in 2 years.

They’d probably have you arrested as a vagrant and throw you in jail!

Free rent, free food, free medical cover – not so bad!

I think at the moment they are letting women retire earlier, not get the pension, but not be considered "of working age". Of course it is like Thailand, your mileage may vary.


My guess would be tax returns for an OAP, the high school jobs were probably "cashies", if they were with the likes of Coles who put you through the books you might have a chance.

In this case I am in the dark stuff as a few returns I put in had negative income, no tax that year.

bgood your post shows a complete lack of knowledge, of the reality in Australia, When I was their, I met dozens of pensioner and welfare recipients who lived from one payment to the next.

Chang_paarp How much tax or how little tax you paid is completely irrelevant, to obtaining the aged pension in Australia or how many years worked, several previous post have acknowledged this, it is based on years residence. iignoramus if you are still following string. can you confirm this.

The area which I find confusing is how CL can deem that you're on an extended holiday or you live in Thailand. In my case I lived in Australia for 59 consecutive years, I've been on an extended holiday in Thailand for the past 5 years, returning to Australia for one month every year. I have no property or assets in Thailand, I own a home and a car in Australia and I still pay monthly accounts there for services in my name, I've never stated to any government department that I'm a resident of Thailand, on my departure card I've always stated that I will be returning to Australia in the future. I know these laws were designed to stop the practice of people from other countries working the minimum years in Australia and then returning to the countries of their origin and living on the Aust OAP but surely it's about time Aust governments started protecting their own people, make the residential qualifying period 30 years or more if need be but a person who is qualified for the OAP should receive the pension irrespective of where they live.

You have not cut economic and cultural ties with Australia, and you return each year.

roskruge, I’m sorry if my comment caused offence.

It was meant ‘tongue in cheek’ and aimed at a possible lack of compassion shown by some public servants and government officials in Oz.

I’m sure that the dozens of people you met in Oz when you were their (sic) are truly deserving of our sympathy.

Are you a Resident? From the ATO website.

http://www.ato.gov.au/individuals/content....mp;st=&cy=1

Look at it this way,when you apply at 65 have you resided in Australia for 25 years prior to application (for a full pension) or 10 years prior to application for a part pension?
If you have only resided for 20 years prior to year 65 you may still get the full pension, as long as you have not cut your economic and cultural ties.
There are many well known Australians that have lived and worked overseas for 30 years or more and they are only Australian due to the fact that they still hold an Australian passport, they have cut all ties with Australia.
Each application may be different, contact Centrelink in person if you can.

I know of one person who is residing in Thailand that is a British passport holder, came to Australia when he was 16, resided for 25 years, and has been living in Thailand for the last 14 years. He lost his permanent resident status in Australia over 10 years ago. He will not be able to get an Australian pension or a UK one as far as is known.

This is an important topic. Any one here who is in this situation should contact their federal member of parliament - I've spoken to Linsay Tanner - and put pressure on them. If enough people do this something will be done. Another one is the Disability Pension - only paid overseas for 13 weeks - as Tanner said it seems to be a waste of time to return to Australia show your passport to a CL officer, then ring or go in the next day to tell them you are leaving again.

The act is quiet simple, if you're 65 and QUALIFY for a pension it is granted subject to the normal asset and income provisions.

If you have lived overseas for a period when you can get tied-up in the "portabilty" rules this means you can't leave Australia for a period of 2 years from the date your pension is granted without some inpact on your pension or cancellation entirely in some cases. It is case by case depending on you're circumstances - it is not cut and dried but if you feel that you have remained an Aussi - ie, maintained properety, bank accounts, medical insurance, paid taxes and visited back and forth etc, you stand a good chance of being exempted from the portabilty provisions - but you might have to fight for it and put up a good case.

This is for Taxation considerations and wouldn't necessarily apply to your application for an aged pension - different department different rules.

Similar to my story - that's why I fought it and at the end of the day was successful.

Great topic and well worth keeping going, hopefully with more practical experiences in line with the subject. I'm a couple of years off but am quite willing to put pen to paper in the name of a "fair go"

Also good to see only one negative response from someone obviously bored and wanting to hammer the keyboard.

If the Aust Department of Immigration in Bangkok weren't so anti Thai women then maybe we would go back to Australia to live thus solving the problem. In the departments eyes Thailand is the only country in the World where bar girls and prostitutes operate, thanks to the mass hysteria whipped up over the years by the likes of Willissee, Martin, Hinch and Co who persue a good story irrespective if it's true or not. I stress that us Aussies born and bred in Aust deserve better treatment, my current marriage is my first and I've never received one cent from the countrys coffers, I paid large taxes all my working life, the country found it no problem to send me to Vietnam in 1966 as a national serviceman, all I want in my retirement is to be treated like any other Australian and surely we can choose where with live without all these spanners getting thrown into the works. If CL is so fixed on benefit cheats from other countries then let them sort out the guilty parties without persecuting the genuine people, CL's attitude appears to be that if they penalise everyone then it's a quick fix for their problems, it's like saying from now on no more driving licences will be issued and then that will be a quick fix to the road toll, flexibility and compassion aren't CL's strongest suits.

bgood Accepted, no harm done, hope to see more of you on this thread, regards.

Everyone keeps mentioning 65 as being eligible for the Oz pension. Spare a thought for us born 1964 and after -- we'll be working stiffs until 67!!