Incoming passenger form - incorrect advice from ABF [non resident AU citizen]

[dajop]

Since moving overseas 10 years ago, I always tick the box "Visitor or Temporary Entrant", and write in my country of residence, intended length stay in Australia and reason for visiting. I am convinced this is the 100% correct way of completing this form upon entry into Australia.

However last week, for first time, when entering MEL, I was advised by ABF officer that even though I am living overseas, as an Australian passport holder I should tick "Resident Returning to Australia" (Like h#&ll I thought to myself, it is not true) . I did make a comment that I need to for tax, he said no-one ever looks at the cards anyway. That was end of discussion, but I have read both legal advise and case law where the declaration (box ticked) on Incoming Visitor Card has been used as evidence.

I will ignore the ABF officer advice in the future. You can still be a citizen and a visitor at the same time!

 

[Quickstatus]

If no one ever reads it, then why the comment/directive to fill out the form in a certain way?

 

[Hvr]

he said no-one ever looks at the cards anyway.

Heck, half of the Border Security television show is all about agents telling people they've signed a legal document and can be prosecuted.

Look after yourself and follow your lawyer's advice.

 

[MEL_Traveller]

And you’re also not a ‘resident’ returning.

That being said I have always filled out the form as ABF suggested to you. I assumed as a citizen I cannot be a ‘visitor’ for immigration purposes (‘visitor’ and ‘temporary entrant’ imply there will be some sort of immigration control, which is where the differential for tax purposes would be if they ever used your form as evidence).

 

[Buzzard]

I too was wondering if nobody reads the form why be so particular?

 

[Happy Trails]

In the days of the departure card I was once admonished for selecting 'Other' as my reason to travel.

 

[Quickstatus]

In the days of the departure card I was once admonished for selecting 'Other' as my reason to travel.

Well, Mileage Runs would go into “Other”. . They are neither business or pleasure. Though sometimes there is tax deductibility in them.

I’ve answered Mileage Run when asked by Immigration in several places and they seem to understand!.

 

[Cossie]

Well, Mileage Runs would go into “Other”. . They are neither business or pleasure. Though sometimes there is tax deductibility in them.

I’ve answered Mileage Run when asked by Immigration in several places and they seem to understand!.

In Auckland a couple of years ago they wanted to know why I said I was there for less than 24 hours, I said status run and he knew what I meant.

 

[Pushka]

The card should state “citizen returning to Australia” and not resident.

 

[ayebee]

The card should state “citizen returning to Australia” and not resident.

Agree, but that would require an extra box for the non-citizens with resident status.

 

[kpc]

The ATO does look at the cards if they are auditing you! My accountant told me many years ago to write down that every trip is a business trip!

 

[Pushka]

Agree, but that would require an extra box for the non-citizens with resident status.

Then so be it. If they get the terminology wrong and expect people to mark an incorrect designation it could be a legal mess. So need to get it right.

 

[Austman]

The ABF looked at my card the other day!

For some odd reason I had accidentally omitted to fill out one section of the reverse side. They noticed it, then made me fish out a pen to complete it on the spot!

 

[dajop]

The card should state “citizen returning to Australia” and not resident.

Resident also covers permanent and temporary residents who are not citizens but are considered residents of Australia, so that wouldn’t work. I consider the wording of the current form is appropriate - just the specific interpretation of that officer incorrect - I do only consider myself a visitor when I travel to Australia (albeit visiting “home”, like when I lived in Melbourne or Sydney and visiting my parents in regional Victoria). I have no Medicare and no voting! When I return permanently I will probably tick the “migrating” box.

 

[vandy]

Agree, but that would require an extra box for the non-citizens with resident status.

From memory the NZ immigration form has an extra box like that, and also something like "Are you a New Zealand citizen using a foreign passport". However I think Australia mandates that dual citizens can only use their Australian passport to enter Australia.

 

[Pushka]

Resident also covers permanent and temporary residents who are not citizens but are considered residents of Australia, so that wouldn’t work. I consider the wording of the current form is appropriate - just the specific interpretation of that officer incorrect - I do only consider myself a visitor when I travel to Australia (albeit visiting “home”, like when I lived in Melbourne or Sydney and visiting my parents in regional Victoria). I have no Medicare and no voting! When I return permanently I will probably tick the “migrating” box.

If you are still a citizen then you are not a visitor when you come to Australia. That definition would be pretty much universal.

 

[MEL_Traveller]

If you are still a citizen then you are not a visitor when you come to Australia. That definition would be pretty much universal.

This is indeed the distinction. For tax purposes and medicare and all sorts of stuff you may be a ‘visitor’. For immigration control purposes (any restrictions you may be subject to), you cannot be a ‘visitor’ (you have free and unfettered right to entry and to work).

 

[ayebee]

Then so be it. If they get the terminology wrong and expect people to mark an incorrect designation it could be a legal mess. So need to get it right.

No argument from me ... my thoughts were along the line that adding an extra box would be a challenge for the bureaucracy, and I was being sceptical for it to happen, but it came out a bit terse.

Resident also covers permanent and temporary residents who are not citizens but are considered residents of Australia, so that wouldn’t work. I consider the wording of the current form is appropriate - just the specific interpretation of that officer incorrect - I do only consider myself a visitor when I travel to Australia (albeit visiting “home”, like when I lived in Melbourne or Sydney and visiting my parents in regional Victoria). I have no Medicare and no voting! When I return permanently I will probably tick the “migrating” box.

Wow - is it correct that an Australian citizen resident abroad is not covered by Medicare when visiting "home" ?
My daughter is resident for tax etc in US, but still votes in Australian elections at the consulate. I think it is optional but she still wants to.

 

[Austman]

Wow - is it correct that an Australian citizen resident abroad is not covered by Medicare when visiting "home" ?

It's covered here:

How to enrol and get started in Medicare - Enrolling in Medicare - Services Australia

www.humanservices.gov.au

"If you’ve moved overseas, you continue to be eligible for Medicare for 5 years. The 5 years starts from the date you first left Australia. "

 

[OATEK]

I understand they are going to abolish incoming cards, in line with the outgoing cards.