BERIA (British Expat Retirees in Australia) is the peak lobbying and support organisation for holders of the 410 retirement visa (Retirement Visa Subclass 410).  We represent 1,740 members from 15 countries.

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 beriahelp@mail.com 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.

Please note that we are now on FaceBook; 

click on the logo to take you there

 Click here to listen to and/or read the transcript of the interview with Alison Caldwell on ABC PM concerning the Frozen Pension Issue.

News of our MPs’ expenses scandal not only provoked widespread apoplexy among expats, but also a renewed determination to get Britain’s long-standing frozen pensions policy revoked.  Their chance will come in an appeal hearing before the European court of human rights on 2^nd September.

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 Australia in 1999 has not had a pension increase for ten years.

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 2^nd 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 Australia, Canada and South Africa to attend the hearing.  Many of the group are octogenarian British WWII veterans who contributed to the National Insurance Fund during working lives that spanned fifty years.  The group will be holding press conferences on arrival in an effort to remind the media that whilst British politicians have been liberally helping themselves to taxpayers’ funds, thousands of expat pensioners who were long-time contributors to the NIF are now forced by the frozen pensions policy to cut back on food and medicine, or go cap-in-hand to other governments for means tested assistance.

The ECHR Grand Chamber appeal is the last chance to overturn the frozen pension policy.

Ava Hubble

Writing in 'The Oldie'

Summer 2009 Issue 247

This is just to remind members that, recently, updated forms and details have been posted on the 410 Renewal - Useful Files page.

These files are also available on the main Yahoo site.

Dear All
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.

Cheers
Barbara

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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.

UPCOMING COMMUNITY CABINET MEETING

The next Community Cabinet meeting will be held at Ballajura Community College, Illawarra Crescent, Ballajura, Western Australia on Wednesday 22 April 2009.

For more information go to the Government's website

HEALTH

Please note that a new page has been added labelled HEALTH.  In this you will find links to Medibank Overseas Visitors Guide and also to MBF Overseas Visitors page.

 If you would like other links to be added to this page, please let me know.

410 LOBBYING FOR PERMANENT RESIDENCE

BRIEFING UPDATE FOR MP's AND SENATORS

Please go to the 410 - USEFUL FILES page to read or download the documents

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).

DETAILS CAN BE FOUND ON THE 410 - USEFUL FILES PAGE 

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:

http://www.firb.gov.au/content/policy.asp

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.

Barbara

For a useful interpretation of the word go to Members Only News

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:

http://www.immi.gov.au/allforms/pdf/1101.pdf

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:

http://www.afp.gov.au/business/national_police_checks.html

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:

What if I should need hospital treatment?

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)

Please note that new files are available on the 410 Useful files page.  You have to be Signed In to access this page.

These files are also available on the main BERIA site.