WELCOME TO THE SISTER HOMESITE OF BERIA
A site set up to discuss problems and anomalies encountered by all nationalities who are holders of the Australian Sub-Class Visa 410 for Retirees, and to lobby for permanent residence for all 410 visa holders who request it.
Are you a 410 visa holder? If so, then why not join the BERIA group? The best way to join is to sign up to Yahoo Groups (please enter your normal email address as your "Alternative" address). Click here
For step by step instructions to help you sign up, or if you're not confident about signing up online, e-mail firstname.lastname@example.org If you apply to join, and don't hear from us within 2 days, e-mail and we'll check out the problem and get back to you within 24 hours. Visit the Yahoo BERIA site here.
News of our MPs’ expenses scandal not only provoked widespread apoplexy among expats, but also a renewed determination to get
As this Diary previously reported, the policy penalises pensioners who retire overseas, as their British pensions are not increased in line with inflations. The means, for example that a pensioner who emigrated to
For years, expat pensioner organisations have condemned the policy a patently discriminatory and in breach of the Human Rights Act, and for years the hat has been going around to raise the case to sue for parity. But the costly litigation has been unsuccessful in the High Court, the Court of Appeal and the House of Lords, and the case has also been dismissed by the European Court of Human Rights seven member chamber.
But the ECHR’s decision is believed to have been made on the misapprehension that if parity were granted the expense would have to be met out of taxation rather than the National Insurance Fund. When the pensioners’ appeal is heard before the ECHR’s full, 17 member Grand Chamber on 2nd September, it will be argued that all those penalised contributed to the mandatory National Insurance Fund, and that they deserve the same rights as other contributors.
In the meantime, money has been raised to enable a group of thirteen expats to travel from
The ECHR Grand Chamber appeal is the last chance to overturn the frozen pension policy.
Writing in 'The Oldie'
Summer 2009 Issue 247
I am exceedingly pleased to confirm that I have heard today, that the changes to the Visa Renewal have been ratified with effect from 1 July 2009 (please see below). There is a formal government notice which I have posted on the two websites today. On this website you will find it on 410 RENEWAL- useful files.
If you have any queries then please let me know and I will relay them to the appropriate person.
As you know, changes to the Retirement (subclass 410) visa were announced as part of 2009-10 Budget.
The changes are that applicants who lodge an application on or after 1 July 2009 can be granted a visa for 10 years without any work limitations.
Please note, however, these changes will not automatically apply to visas that have already been granted.
Those visa holders who wish to undertake paid work for more than 20 hours per week can have the limited work condition removed from their visa by
lodging a completed form 147 fee free on or after 1 July 2009. The visa granted will only be valid for the same period as the Subclass 410 visa they currently hold.
For visa holders who are due for renewal early in the new financial year, we would advise them to wait until 1 July before they lodge an application so that they can be granted a visa under the new arrangements. Any Retirement visa holder whose current visa expires before 1 July 2009 will need to lodge their application before their existing visa ceases so that they do not become unlawful. They will have to be assessed under the old arrangements and, if required, will need to apply again on or after 1 July in order to receive full work rights.
While other Retirement visa holders are of course welcome to apply for renewal of their visa early we would prefer that they do not all rush to do so on 1 July (or soon after) as this may adversely impact our ability to process applications quickly. Those visa holders who do not require unlimited work rights can wait until just prior to expiry of their existing visa to apply for a renewal.
A Notice of Legislative Change has been published on the Department's website today and the Retirement visa pages will be updated later in the week. We will let you know when these changes are released.
CHANGE IN APPLICATION FORM FOR NATIONAL POLICE CHECK (replacing Form 1101)
The Australian Federal Police (AFP) have a new "National Police Check" form to be used for all police checks (including those required for 410 visa renewal).
You must log on to access this page. Not registered? Then see opposite column.
HOW TO RENEW YOUR 410 VISA WHILST OUTSIDE AUSTRALIA
If you need to renew your 410 visa while you’re outside Australia, here's what you need to
do. The only difference from a “normal” application is that all applications from outside
Australia are classed as "offshore" applications, and, although they are still processed by
the Perth office, the visas must also be collected “offshore”.
For details go to the 410 - Useful Files page.
You must log on to access this page. Not registered? Then see opposite column.
UPDATED 147 FACTSHEET
The new factsheet for help in completing the 410 renewal form is available on the 410 - Useful Files page; it is available as a Word or PDF document. The most recent 147 Form is also available to download. Please note you will have to logon to access them.
The latest Visa application fee is $250 per application for single or double.
"Temporary residents will be exempted from notification of proposed acquisitions of established residential real estate for their own residence, new residential real estate and vacant residential land."
Details of the changes can be found on the FIRB website at:
Just to let you know that I have posted a Christmas video message on the Videos page. Regrefully, it is rather brief this year and not of the best quality. Two reasons, mainly due to lack of time and also, I used my Logitech Pro 9000 webcam and not my video camera. I thought it best to get a quick message out rather than none at all; hope you don't mind.
Merry Christmas to one and all.
Just to let you know that we have heard today from DIAC in Canberra that the fee for the Australian Federal Police Clearance Form has increased to $43 from today (1 October 2008).
The form (DIAC Form 1101) - which is needed for renewal of visas - can be downloaded as normal from the Immigration website at:
but the notes on page 3 of the form will still show the old fee ($32.72) until the form is updated later this month!!
There is a message on the the Australian Federal Police website:
that any applications received after today with the old fee enclosed will be returned.
So, to avoid delays, remember to enclose the correct fee, and remember that, unlike the visa renewal fee, the cost of the Federal Police Clearance Form is per person.
Barbara & John
There has been talk recently about some members reluctantly having to return to the UK for health reasons and, with the recent changes in the law governing who is entitled to free treatment, this has caused uncertainty about their position. To put minds at rest here is the website address Department of Health: http://www.dh.gov.uk/en/Healthcare/Entitlementsandcharges/OverseasVisitors/Browsable/DH_074376; also available is a Microsoft Power Point file: http://www.stockport-lmc.org.uk/overseas%20visitors.ppt.
The crucial question is answered thus:
Under the current Regulations, anyone who is taking up or resuming permanent residenceis entitled to free National Health Service (NHS) hospital treatment in England. in the UK If your intention is to live permanently in the UK you will be exempt from hospital charges from the date of your arrival in the country but you should expect to be asked to prove your intention and that you are legally entitled to live here. This exemption applies to your spouse, civil partner and children (under the age of 16, or 19 if in further education) if they are living here with you on a permanent basis. (My highlight. The document is dated 2 May 2007 and the site has a copyright date of 2008, so I suppose one can presume that it is reasonably up to date. BL)
John has just revised the BERIA factsheet on Aged Care to take into account the changes which came into effect on 20 March.
The changes apply to those who enter aged care homes after 20 March, and the main fee changes are as follows:
The Basic Daily Care Fee for self-funded retirees (including 410 visa holders) for both low and high care homes is now fixed at 85% of the annual single basic age pension. This equates to $32.05 a day (this is a reduction from the previous cost of $39.28 a day!).
The Income-Tested Daily Fee is based on a sliding scale based on income over $684.60 a fortnight. If your income is below $684.60 a fortnight ($17,800 a year) there's no income-tested daily fee, but if it's over that there's a sliding scale up to a maximum of $56.57 a day (the old maximum was $55.28).
The "allowable assets" amount has increased from $33,500 to $34,500 – this is used to calculate the accommodation bond for low care homes. The upper income limit for calculating the sliding scale accommodation charge for high care homes has increased to $90,410, and the maximum accommodation charge has increased to $26.88 a day.
The maximum daily fee for short-term respite care in government funded aged care homes has increased from $30.77 to $32.05 a day. All these changes have been included in the new version of the factsheet, and new example costs have also been included.
John says he still cannot speak too highly of staff of the Aged and Community Care Information Line – everyone he has spoken to there in the course of the research has been incredibly helpful, friendly and knowledgeable, and if anyone needs further information after reading the factsheet he recommends contacting the Information Line. Actual revised factsheet to follow.
Jenny McLean reports:
Our 6th Sydney lunch today was very successful with 24 410'ers attending.
We have now met over 40 members at the various lunches, but of course not all can manage to attend every lunch. It is a great way to get to now each other and exchange views.
(A good time seems to have been had by all; and the food looks good, too! Barbara)
If you need to look up a telephone number either here or in the UK, then you can find the appropriate link to the White Pages websites on the LINKS page of this website, under the heading OTHER USEFUL LINKS.
Tue, 29th April 2008
Senator the Hon Christopher Ellison
Shadow Minister for Immigration and Citizenship
Manager of Opposition Business in the Senate
Temporary Retirement 410 Visa holders should be eligible to apply for permanent residency.
The Coalition Shadow Minister for Immigration and Citizenship, Senator Chris Ellison today called on the Rudd Government to enable Temporary Retirement 410 Visa holders to apply for permanent residency.
Many 410 Visa holders are highly skilled yet they are restricted to just 20 hours of work per week due to the restrictions on their temporary visa.
“As permanent residents there will no restrictions on workforce participation and this will be of benefit to the labour market, the Australian economy and individual,” said Senator Ellison.
A number of these visa holders have a strong involvement in community and volunteer activities. Again the nature of the visa restricts the number of hours that the individual can commit. Some of these visa holders have been recognised for their service to volunteer fire fighting and ambulance services.
“Individuals with such a strong commitment to the community should not be restricted in the contribution they can make, it is also fitting that we acknowledge their commitment to our nation,” said Senator Ellison.
“Having lived in Australia for several years these visa holders have a strong commitment to our nation and wish to live in Australia for the remainder of their lives as a permanent resident, not a temporary visa holder who is subject to the uncertainty visa renewal requirements,” said Senator Ellison.
Currently persons who reside in Australia on a Temporary Retirement 410 Visa are unable to apply for permanent residency. This is a small group of people with a high commitment to Australia who are restricted in the contribution they can make to our nation as result of being unable to apply for a permanent visa.
This is just to let you know that John's full report of the forum is on the Member's Only page of this website.
Sharryn Jackson, the Hon. Chris Evans, Nita and David Sadler
Notes from the BERIA Meeting with the Minister for Immigration, Senator Chris Evans (8 April 2008)
Chris Evans confirmed he is keen to find a “pathway to citizenship” for 410 visa holders, and that the cost issue, as seen by the Treasury, is the main hurdle. He seemed impressed by BERIA as an effective lobbying group, with an increasing and dedicated membership that “seems to be in evidence everywhere I go”.
Chris clarified the issue of a permanent visa with a separate set of conditions (eg the maintenance of private health insurance) saying that he had agreed with the advice from his Department that that permanent residence should offer the same benefits to all, and not differentiate any particular group.
I added information about the changes in the tax rules which had been raised in a previous meeting he had with AIR last week. We understand that the changes apply to all temporary visa holders, and that while we can provide detailed estimates of additional potential tax income (using BERIA database information) we would expect him to use this, and any other information we might be able to provide on financial benefits, only as part of our case to offset or minimise the potential health and welfare costs, and not in isolation. Initial very crude estimates are in the region of $47 to $50 million a year but this is likely to be a conservative figure.
On potential health costs ($40 million a year?) I assured him that we had had a 100% response to continuing with health insurance in the event of permanent residence which will significantly reduce the overall figure, and also gave him figures on those who wanted to join the workforce and work more than 20 hours a week (and details of their job skills and qualifications – many of which are in the list of jobs in demand).
Chris saw no logic in the work restrictions, and promised to look into these, as he saw any additions to the workforce as a positive benefit to Australia. Chris has already proposed to the Treasury minor enhancements to the visa which may ease a couple of the visa conditions, although he stressed that the proposals may not be approved, and would, in any case, be minor. While we appreciate any improvements in the short term, our main aim is permanent residence, and hope that his proposals for enhancements are seen as part of the wider process of assessing the possibility of permanent residence!
We still have more work to do on private health insurance and on welfare costs, and on the phasing in of costs. BERIA at this stage is not making proposals for permanent residence based on a specific qualifying period, but would be prepared to discuss a range of options. If a qualifying period were to become a requirement, additional research from the BERIA database will highlight the impact this might have on spreading the costs over a period of time, as we have accurate figures on age groups and length of residence in Australia.
Chris seemed fairly impressed by the detail and accuracy and availability of the data he has received from us so far, and will continue to query the latest figures on 410 visa holders in the country which seem to have reversed the previous downward trend since the closure of the visa to new applicants three years ago.
Conclusion & Next Steps
· Chris explained that his plan is to have enough information to present a case for permanent residence for 410 visa holders prior to next year’s Budget.
· We will provide him with a detailed assessment of potential costs, together with any compensating income and other benefits, including specific cost projections based on data from official sources, and income projections based on accurate and verifiable information from the BERIA database.
· We will seek a follow up meeting with him to discuss these figures and the next steps.
8 April 2008
In the top photo is a photo of the Prime Minister Kevin Rudd, Deputy Prime Minister Julia Gillard and Special Minister of State John Faulkner facing the community. (AAP Image: Dave Hunt)
Ava Hubble wrote to me yesterday to tell me that her article is now been published; many of you would have seen it in this week's Weekly Telegraph and the Telegraph on line
You may recall that earlier on this year Ava approached me about writing an article about the cost of parents being reunited with their children here in Australia and she then discovered that many of them come here on the 410 visa, hence she then took on board all the effects that had on their emigration.
WARNING OF TAX SCAM
I received this warning about a SCAM concerning the Australian Tax Office.
The recipient received an email from the A.T.O. informing him that he was eligible to receive a tax refund of 119$ (odd way to print with the dollar sign after the amount, he thought).
He was also asked to submit the tax refund request and allow 15-30 days in order to process it. He was then requested to fill in an online form giving his details: mothers maiden name, birthday, address, credit card number and expiration date, then he was instructed to press the submit button at the bottom of the form.
Sensibly he decided to check all this out with his tax accountant to verify if the forms were above board and he told him they were a scam, however the forms could have fooled the unwary so, be warned!
Click on the title below to take you to the
Click on the title below to take you to the
Postal Address: 410 Visas, DIAC, Locked Bag 7, Northbridge, WA 6865
Address (and Courier Deliveries): 410 Visas, DIAC, Wellington Central, 836 Wellington Street, West Perth, WA 6005
General Enquiries: 131 881;
Specific Enquiries/Problems: (08) 9415 9706, 9707 or 9710; Fax (08) 9415 9292