Aust govt removes outbound travel ban exemption for overseas residents

[mviy]

I hope there's a legal challenge, that it's successful and that it has more broad implications than just expats being able to head back overseas after a visit home.

In addition to expats looking to come home for a visit to see family, there are many stuck in Australia looking to visit Australian family overseas. For some Australian family overseas the cost and/or amount of leave required and/or fact their spouse may not be a citizen all impact on their ability to come home for a visit even if they can leave again. Whereas some of us in Australia can take the leave for a visit to see family overseas but can't get approval from the government for the trip.

 

[Pushka]

It seems like the most recent piece of overreach is generating a little bit of press. I for one am glad to see some interest being taken in this appalling decision.

Law firm considering legal challenge to federal rules limiting who can depart Australia

Recent changes to regulations on expats who live overseas have left many fearing they won’t be able to leave Australia if they come back

www.theguardian.com

Australians who live overseas may be unable to leave country if they return for visit

Government expands border ban in a move experts say could be constitutionally invalid and unfairly affect Australians from multicultural backgrounds

www.theguardian.com

‘Barbaric’: Returning citizens who live abroad will need permission to leave Australia

The move serves as a deterrent for Australians who live abroad but may need to return home for distress travel as it could prohibit them from being able to return to their life overseas.

www.smh.com.au

Overseas-based Aussies' travel exemption stripped in latest crackdown

www.9news.com.au

From the 9 News report
"Many Australians living overseas who have no desire to return home permanently have now gone years without seeing their family and friends in Australia after having flights cancelled in the early stages of the pandemic.
While many countries have imposed strict entry restrictions during the pandemic, Australia is the only one to ban its citizens from leaving."

‘Barbaric’: Returning citizens who live abroad will need permission to leave Australia

The move serves as a deterrent for Australians who live abroad but may need to return home for distress travel as it could prohibit them from being able to return to their life overseas.

www.smh.com.au

Government promises to let Australian citizens leave if they live abroad

Home Affairs Minister Karen Andrews has promised Australians who live abroad that they will still be able to leave the country if they apply for an exemption.

www.smh.com.au

“It’s not really a loophole, it is the normal rights of a person to travel back and forward to their country of citizenship,” she [citizenship law expert Dr Kim Rubenstein] said. They have made it even more draconian than it was at the beginning. No matter where you are from in the world, if you land here, you could be trapped."

Anger as expat travel ‘loophole’ closed

An automatic exemption allowing Australians who normally live overseas to depart the country has been removed.

www.afr.com

“In terms of the message this sends, it just continues the theme that has been occurring for over a year. If you choose to leave Australia to pursue a career, study or love, you essentially leave your ‘Australianness’ at the border. The only thing they have left to do is cancel our passports.” Australian living in Kuala Lumpur

It's reached the BBC:

Australia borders: Citizens living overseas could be 'trapped' if they return

Australians who live overseas will require exemptions to leave Australia if they return home.

www.bbc.com

Change of overseas travel permission is unnecessarily harsh

We have concerns that the change was made with little to no warning.

www.theage.com.au

This one calls out the double standard applied to celebrities and notes "Karen Andrews [Home Affairs Minister] would no doubt argue that, technically, many travellers – particularly those who don’t intend to return in the near future – will still be able to get permission to depart.
Be that as it may, these travellers now find themselves in the hands of bureaucrats – “decision makers” – who can arbitrarily decide whether the reason given is “compelling” enough and whether the documentary evidence supplied with it is sufficient." and we all know how consistent and sensible that process will turn out to be, don't we.

yes, it was mentioned this morning on the radio in SA.

 

[Flying mermaid]

Another story...

How much evidence does one need? Will the situation get to the point where an applicant needs to have 100 points of proof (for example, visa 70 points, lease 30 points) to leave. Actually, I shouldn't be giving ideas.

Before this change was made, I heard of some expats applying to return home overseas and told they needn't have. How the tide has turned. I can understand clamping down on those visiting every three months without good reason, otherwise it's heartless.

‘I’m stuck’: expat in Kuwait can’t visit her seriously ill mother in Australia due to strict new rules

Australians living abroad who return home temporarily must now meet rigorous documentary requirements before they can leave again

www.theguardian.com

Before we get too anxious why not wait until we get some real data points of people who have applied and what happened. At the moment that’s just a media beat up of someone who feels they haven’t enough evidence but they haven’t really applied. We know of one first hand rejection, but hopefully that was an IT lag where the form hadn’t been updated. I am staying optimistic……

 

[dajop]

Before we get too anxious why not wait until we get some real data points of people who have applied and what happened. At the moment that’s just a media beat up of someone who feels they haven’t enough evidence but they haven’t really applied. We know of one first hand rejection, but hopefully that was an IT lag where the form hadn’t been updated. I am staying optimistic……

Will keep things updated, as we plan to leave Australia on 10 October, so will be applying soon. Although, unlike some mentioned in media reports (eg. company names on bills, leases etc) we have a lot of documentary evidence as we don't have company paying any bills, both our names are on the lease, have local pension plan , non time limited employment contracts etc... Each situation is probably different.

 

[Flying mermaid]

Will keep things updated, as we plan to leave Australia on 10 October, so will be applying soon. Although, unlike some mentioned in media reports (eg. company names on bills, leases etc) we have a lot of documentary evidence as we don't have company paying any bills, both our names are on the lease, have local pension plan , non time limited employment contracts etc... Each situation is probably different.

People are interpreting the guidelines as though they must have all the information specified. However they are just examples of what might be used. I would think a letter from your employer and a copy of your employment contact would be enough. If you aren’t employed overseas, then you would have rental agreements or own property or have some way of showing you live there.

there is some loophole they think they need to close rather than they want to trap people in Australia who dare to come back from genuine overseas lives!

 

[dajop]

there is some loophole they think they need to close rather than they want to trap people in Australia who dare to come back from genuine overseas lives!

The optimist in me also thinks it might streamline the airport process. When I departed in January we (myself and the check in agent) were stuffed around, it took about 40-45 mins to get a boarding pass, and the check-in agent had to leave her station and literally chase Border Force staff around the airport, and then had to wait for someone else to call back (who was on lunch break) and then had to get code off someone else. ..

 

[Flying mermaid]

The optimist in me also thinks it might streamline the airport process. When I departed in January we (myself and the check in agent) were stuffed around, it took about 40-45 mins to get a boarding pass, and the check-in agent had to leave her station and literally chase Border Force staff around the airport, and then had to wait for someone else to call back (who was on lunch break) and then had to get code off someone else. ..

Yes I wouldn’t like to be relying on Border Force to make a decision at the airport. Having an exemption to wave sounds safer!

 

[Seat0B]

Karen Andrews says she won't apologise for government's new exemption rule for expats


Karen Andrews says she won't apologise for government's new exemption rule for expats

 

[Chalkie]

Karen Andrews says she won't apologise for government's new exemption rule for expats


Karen Andrews says she won't apologise for government's new exemption rule for expats

Why would she? The policy is a political winner. People who leave Paradise/Fortress Australia deserve whatever punishment comes their way for having the temerity to leave the greatest place on earth.

 

[dajop]

Karen Andrews says she won't apologise for government's new exemption rule for expats


Karen Andrews says she won't apologise for government's new exemption rule for expats

OK they seem to want to restrict "coming and going".

Fine.

Just bl@#)(dy well define what that means so people can plan their lives. Not "We want to stop people coming and going multiple times", and leave the decision up to someone sitting in a desk in Canberra, choosing which exemptions to grant based on what the score is when they throw the dart at the dart board.

If you are only allowed to leave once after completing HQ they should state that. If it's once a year, they should state that. If it's once for regular people and infinite number of times if you're a celebrity, sportsperson or ex-politician living overseas, state that as well.

 

[Tawita]

Just to provide a data point, earlier today (Friday) I received notice of the grant of my exemption, less than 3 days after the request was submitted (Tuesday evening).

I am an Australian citizen, but a long-term resident (26 years) of a Pacific island nation. I have been stuck in Australia, away from my family, since my country of residence closed its borders in March 2020. The few repatriation flights that have operated since then have been restricted to citizens only. I do not know for sure when I might be permitted to return, but I thought that I should request an exemption now, just in case an opportunity arises at short notice.

The only documents that I submitted were a letter from my employer and proof that I was appointed to my current position in 2018. Other than that I simply gave a brief explanation of my situation. The exemption was granted without any request for further information. I assume that Home Affairs has access to my travel history.

I note that, contrary to what it says on the Home Affairs website (copied below), the email that advised me that my request for an exemption had been approved makes no mention of an expiry date. To be safe, I will assume that it expires in 3 months' time.

When does my travel exemption expire?

If you have an approval to depart Australia – 3 months after your exemption is approved. Please check your email notification for the expiry date.

Hope that helps someone.

 

[Seat0B]

OK they seem to want to restrict "coming and going".

Fine.

Just bl@#)(dy well define what that means so people can plan their lives. Not "We want to stop people coming and going multiple times", and leave the decision up to someone sitting in a desk in Canberra, choosing which exemptions to grant based on what the score is when they throw the dart at the dart board.

If you are only allowed to leave once after completing HQ they should state that. If it's once a year, they should state that. If it's once for regular people and infinite number of times if you're a celebrity, sportsperson or ex-politician living overseas, state that as well.

Totally agree @dajop - it is the arbitrariness and the uncertainty that is the worst in all this. And that allows a smarmy Minister to say “no one is being prevented from coming to Australia or leaving Australia“ with a straight face. I know the truth, and I vote. Hasn’t worked much for the hunters or fishers, but may was well give it a go

 

[Seat0B]

Just to provide a data point, earlier today (Friday) I received notice of the grant of my exemption, less than 3 days after the request was submitted (Tuesday evening).

I am an Australian citizen, but a long-term resident (26 years) of a Pacific island nation. I have been stuck in Australia, away from my family, since my country of residence closed its borders in March 2020. The few repatriation flights that have operated since then have been restricted to citizens only. I do not know for sure when I might be permitted to return, but I thought that I should request an exemption now, just in case an opportunity arises at short notice.

The only documents that I submitted were a letter from my employer and proof that I was appointed to my current position in 2018. Other than that I simply gave a brief explanation of my situation. The exemption was granted without any request for further information. I assume that Home Affairs has access to my travel history.

I note that, contrary to what it says on the Home Affairs website (copied below), the email that advised me that my request for an exemption had been approved makes no mention of an expiry date. To be safe, I will assume that it expires in 3 months' time.



Hope that helps someone.

Very sorry to hear of your long separation from your family @Tawita and I hope you get home very soon. Glad to hear a positive experience too.
Shout out to you @Flying mermaid - might help your mood today

 

[louie-m]

I note that, contrary to what it says on the Home Affairs website (copied below), the email that advised me that my request for an exemption had been approved makes no mention of an expiry date. To be safe, I will assume that it expires in 3 months' time.

That's interesting. My exemption to leave Oz for 3+ months etc contained the following "Important: This travel exemption is valid until xx-xx-2021 . If you have not been able to depart on or before this date you will need to submit a new travel exemption request". Well, except that it didn't really say xx-xx-2021!

 

[Flying mermaid]

Very sorry to hear of your long separation from your family @Tawita and I hope you get home very soon. Glad to hear a positive experience too.
Shout out to you @Flying mermaid - might help your mood today

It is good news! However Master FM seems a bit blown away by what’s happening in Australia and I am wondering what he is thinking of doing .....

Anyway it takes care of worry point 4, but number 3 seems to be rapidly growing (ability to travel to Canberra).

 

[Pushka]

There are just so many freakin hurdles right now.

 

[Seat0B]

There are just so many freakin hurdles right now.

But Karen Andrews just looked straight faced at Leigh Sales last night and said that there were no impediments to overseas resident Aussies coming or going. The pillows are so out of touch with reality. And clearly they think we are stupid or gullible or both.

 

[burmans]

But Karen Andrews just looked straight faced at Leigh Sales last night and said that there were no impediments to overseas resident Aussies coming or going. The pillows are so out of touch with reality. And clearly they think we are stupid or gullible or both.

They do and given some considerable reluctance from some quarters to punish them or even admit they could possible have made any mistakes, despite now innumerable stuff ups, they may have a case in thinking this.

 

[snabbu]

It is good news! However Master FM seems a bit blown away by what’s happening in Australia and I am wondering what he is thinking of doing .....

Anyway it takes care of worry point 4, but number 3 seems to be rapidly growing (ability to travel to Canberra).

If he and I are thinking the same, it will be like "wow, this is all too difficult". It's quite sad to admit but as time goes on, even being fully vaccinated for months, it seems to be harder to come back to Australia to simply see aging parents for a few days, then get back to work/home/life/etc in US.

I completely understand the points raised about depression, it's a real thing.

Living overseas pre covid was acceptable... you could come back to Australia on a whim for however long you wanted. Heck, I've travelled US to AU for one day to a surprise birthday party then returned back, it's that freedom that makes living overseas acceptable for me.

I'm not saying it's unbearable now, it's just quite ridiculous for fully vaccinated expats being unable to return to Australia in a reasonable fashion.

 

[Flashback]

If he and I are thinking the same, it will be like "wow, this is all too difficult". It's quite sad to admit but as time goes on, even being fully vaccinated for months, it seems to be harder to come back to Australia to simply see aging parents for a few days, then get back to work/home/life/etc in US.

I completely understand the points raised about depression, it's a real thing.

Living overseas pre covid was acceptable... you could come back to Australia on a whim for however long you wanted. Heck, I've travelled US to AU for one day to a surprise birthday party then returned back, it's that freedom that makes living overseas acceptable for me.

I'm not saying it's unbearable now, it's just quite ridiculous for fully vaccinated expats being unable to return to Australia in a reasonable fashion.

You can put me in the severely depressed bucket. It's not easy and makes a lot of challenges hard to bare.