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本帖最后由 dm12 于 2013-1-20 21:15 编辑
“付费父母十年等待期间回国的问题, 好象一直以来大家听到的说法是是一次回国不能超过3个月, (centerlink上age pension里面对于居住时间的要求, 须在澳洲居住10年, 期间5年需连续居住, 一般大家的说法是回国超过三个月就不算连续居住了, 要重新算5年的时间)”
这个“一般大家的说法回国超过三个月就不算连续居住”是centrelink给的说法吗？我怎么在他们网上找不到具体对于 “been an Australian resident for a continuous period of at least 10 years” 那个continuous period的具体定义呢？
我找到这个guide to social security law, 里面关于什么是澳洲连续居住的说法也是很含糊，似乎是要看不同案例的具体情况。
谁能给解惑一下？
http://guidesacts.fahcsia.gov.au/guides_acts/ssg/ssguide-3/ssguide-3.1/ssguide-3.1.1/ssguide-3.1.1.10.html
Determining whether a person is residing in Australia
SSAct section 7(3) lists the factors to be taken into account when deciding whether a person is residing in Australia. These are:
1. The frequency and duration of the person's travel outside Australia.
2. The nature of the accommodation used by the person in Australia.
3. The nature and extent of the family relationships the person has in Australia.
4. The nature and extent of the person's employment, business or financial ties in Australia.
5. The nature and extent of the person's assets located in Australia.
6. Any other matter relevant to determining whether the person intends to remain permanently in Australia.
1. Frequency & duration of the person's travel outside Australia
A person does not need to be continuously present in a country in order to be residing there. A person holidaying or working temporarily overseas does not necessarily cease to reside in Australia while they are away.
一个人并不需要连续在一个国家内来表明他居住在这个国家。如果一个人在海外度假或临时工作，并不一定会终止这段时间他们在澳洲的定居。
It is necessary to find the reason for being overseas and to look closely at the pattern and duration of time spent outside Australia in order to ascertain whether a person continues to reside in Australia. For Australian residence to be maintained during an absence, a person must demonstrate continued physical ties to Australia, the absence must be for a short duration, there must be a purpose for the absence and there must be a proposed end date for the absence.
必要的是，找出他去海外的原因，以及在海外的时间长短和规律，从而确定他是否连续居住在澳洲。。。。
Taken in isolation, a 3 year continuous absence would be regarded as an upper limit to still being considered residing in Australia, unless there are special circumstances delaying a return. When looking at the pattern and duration of time spent outside Australia, if a person regularly spends more than 6 months a year outside Australia, then their residence in Australia is questionable.
举一个例子，连续3年在海外会被认为是考量是否仍居住在澳洲的上限。。。。如果一个人每年有6个月以上的时间在海外，那么他在澳洲的居住就会被打个问号。
（注意，法规里举的例子是3年，6个月/年，而不是3个月）
The purpose of an overseas absence may indicate whether a person continues to reside in Australia. The reason should be consistent with the intended length of the absence. For example, a person working on an 18 month overseas contract posting would still be considered to reside in Australia as long as they have demonstrated ongoing physical ties to Australia and a commitment to return to Australia at the end of the posting.
It is not uncommon for a person to remain overseas for a lengthy period of time but state that they intend to return to Australia to live at some uncertain, future date. In general, when a person states that they are leaving Australia temporarily with the intention of returning to Australia, the person's 'intent' becomes less of a factor as the length of the absence increases. A person's physical ties with a country will normally take precedence over their intentions when lengthy periods of time are involved.
Example : John and Belinda are both retired and have rented out their home in Australia for 2 years while they are in Europe. Their vehicle is on loan to John's brother in Australia who is looking after their furniture. They have purchased a townhouse in Perugia in Italy for their daughter who will be studying at a nearby university for 4 years and they see it as a good investment. They plan to have an extended holiday in Europe after their daughter has settled into her first year of study. They have a firm plan to return to Australia at the end of the 2 years as John expects to be doing contract work for his previous employer. Due to the fact that their plans in Europe are for a defined period and a short term purpose and there is other supporting evidence, they are considered to still be residing in Australia.
例子，John和Belina退休后去欧洲两年，因为女儿在欧洲读书。他们自住房和车都没卖掉，而是租给别人。他们2年后肯定会回澳洲，因为John回来后还要继续为原雇主做合同工。基于他们去欧洲只是短暂，长短确定的计划，还有其它支持表示暂时去海外的证据，他们被认为仍住在澳洲。
附注： 我觉得那个guide to social security law读起来还是蛮有意思的。它好像是对centrelink派发的社会福利金法律定义注释。拿着这些个条款去和centrelink谈，应该比较有理有据。不知道我的理解对不对？ |
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说一说无陪儿童服务的体验 (2019-2-5) echo0803 
楼主:JuJu
发表于 2012-11-1 16:24
发表于 2013-1-23 11:20
