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What's the point of an AoS?

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Old Mar 24th 2004, 12:07 am
  #1  
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Default What's the point of an AoS?

With the required AoS being for two years and new migrants unable to obtain welfare payments for the first two years what is the point?

Also, when does the two year clock start ticking? Is it from on first arrival in Oz even if that's just to validate or does it run during two years total time spent in Oz? So, if you go to Oz for 6 months before returning to the UK for 12 months and then return to Oz after that, the AoS would have run for 2.5 years because you spent 6 months back in Blighty?
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Old Mar 24th 2004, 7:02 am
  #2  
Jaj
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Default Re: What's the point of an AoS?

    >it_hooker wrote:
    > With the required AoS being for two years and new migrants unable to
    > obtain welfare payments for the first two years what is the point?

There are two circumstances in which the AOS might kick in.

Firstly, if the migrant had previously resided in Australia as a PR, the
normal two year waiting period would not apply.

Secondly, some benefits can be received during the 2 year period in
exceptional circumstances. Not being able to find employment is not
considered exceptional, but cases like death or serious illness might be.

    >
    >
    > Also, when does the two year clock start ticking? Is it from on
    > first arrival in Oz even if that's just to validate or does it run
    > during two years total time spent in Oz? So, if you go to Oz for 6
    > months before returning to the UK for 12 months and then return to Oz
    > after that, the AoS would have run for 2.5 years because you spent 6
    > months back in Blighty?
    >

The two year waiting period for welfare and the AOS validity period work
differently.

The AOS is valid for (in the case of an offshore year) 2 years from the
date you first enter Australia with your PR visa. It's 10 years for
Contributory Parent visas. Form 28/28A should confirm this.

However, as far as I'm aware the 2 year waiting period for welfare has
got to cover two years residence in Australia. Check
http://www.centrlink.gov.au

So it seems that the AOS can expire before the waiting period, but not
the other way around, contributory parent visas excepted.

Jeremy
 
Old Mar 24th 2004, 10:01 pm
  #3  
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Default Re: What's the point of an AoS?

Originally posted by Jaj
    >it_hooker wrote:
    > With the required AoS being for two years and new migrants unable to
    > obtain welfare payments for the first two years what is the point?

There are two circumstances in which the AOS might kick in.

Firstly, if the migrant had previously resided in Australia as a PR, the
normal two year waiting period would not apply.

Secondly, some benefits can be received during the 2 year period in
exceptional circumstances. Not being able to find employment is not
considered exceptional, but cases like death or serious illness might be.

    >
    >
    > Also, when does the two year clock start ticking? Is it from on
    > first arrival in Oz even if that's just to validate or does it run
    > during two years total time spent in Oz? So, if you go to Oz for 6
    > months before returning to the UK for 12 months and then return to Oz
    > after that, the AoS would have run for 2.5 years because you spent 6
    > months back in Blighty?
    >

The two year waiting period for welfare and the AOS validity period work
differently.

The AOS is valid for (in the case of an offshore year) 2 years from the
date you first enter Australia with your PR visa. It's 10 years for
Contributory Parent visas. Form 28/28A should confirm this.

However, as far as I'm aware the 2 year waiting period for welfare has
got to cover two years residence in Australia. Check
http://www.centrlink.gov.au

So it seems that the AOS can expire before the waiting period, but not
the other way around, contributory parent visas excepted.

Jeremy
Thanks Jeremy. The reason I ask is that my proposed assurer in Oz thinks I'm holding back on his potential liability (I would too) because the 2 year AoS doesn't seem particularly onerous!
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Old Mar 25th 2004, 7:35 pm
  #4  
Jaj
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Default Re: What's the point of an AoS?

Don't forget the bond, but this is refundable.
It's not especially onerous, but there is a risk there for the assurer
if something was to happen to make the family eligible for welfare in
Australia in the first 2 years. After taking the bond, Centrelink can
then chase the assurer for the rest.

To know anything more about the obligations, read form 28, and the next
step would be getting legal advice tailored to the specific situation.

Jeremy

>it_hooker wrote:
    >
    > Thanks Jeremy. The reason I ask is that my proposed
    > assurer in Oz thinks I'm holding back on his potential liability (I
    > would too) because the 2 year AoS doesn't seem particularly onerous!
    >
    >
 

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