Experience with Australian border controls leaving the country

[Flashback]

Hope it’s still valid as it says I do not need to re-apply if flight change.

View attachment 242326

It says it there, black and white, you don't need permission anyway as you're ordinarily resident elsewhere.

 

[dajop]

I think @dajop is a similar situation to you.

If I understood dajop’s situation, technically there was no permission to leave required. I recall dajop didn’t need a letter to leave. So it does seem to sound you didn’t get an exemption but they confirmed you can leave.

Yes. Twice. As has at least one other AFF member I’ve been IM’ing with - we both left twice without a hitch without applying for an exemption

Basically I think they look over your immigration record over the last two years and if you have spent more time outside Australia than inside in that time then you’re considered to be not ordinarily resident in Australia - and thus free to leave. (I think they mainly look at 2 years unless you left Australia to go overseas permanently less than 2 years ago).

 

[gluewell14]

Adding a data point - work applied for travel exemption (relocating to US office) on Sunday night, recieved approval on Wednesday morning (~60 hours). Flights booked for the weekend!

 

[dajop]

Another data point from a few weeks ago, my partners colleague who lives in Europe was returning (after his first visit to the DPR of Australia in the pandemic - was only there 4 weeks), and was stopped from even approaching check-in by a (junior) officer, as was told not permitted to travel on Australian passport without an exemption letter. Was escalated to more senior officer and was fine, but the overall process took an hour before BP could be issued.

 

[Ric]

Another data point from a few weeks ago, my partners colleague who lives in Europe was returning (after his first visit to the DPR of Australia in the pandemic - was only there 4 weeks), and was stopped from even approaching check-in by a (junior) officer, as was told not permitted to travel on Australian passport without an exemption letter. Was escalated to more senior officer and was fine, but the overall process took an hour before BP could be issued.

Junior officer on a power trip??

 

[RAM]

Junior officer on a power trip??

Or the rules being followed?

Seems reasonable that travelling on an Australian Passport to leave the country requires an exemption letter. Every other Australian does.

Given so many people have been highlighted as 'rorting' the rules to go have overseas holidays etc - and it has become a topic at the Federal level since India has been getting so much attention, then seems likely that Canberra Dept head has sent put a missive saying - 'Double check all leaving on Australian Passports as per the rules'.

Otherwise what is to stop you or I turning up and saying the same thing? As quite a few in this thread have mentioned doing so themselves (or variations thereof to have their summer European holiday).

 

[Pushka]

Or the rules being followed?

Seems reasonable that travelling on an Australian Passport to leave the country requires an exemption letter. Every other Australian does.

Given so many people have been highlighted as 'rorting' the rules to go have overseas holidays etc - and it has become a topic at the Federal level since India has been getting so much attention, then seems likely that Canberra Dept head has sent put a missive saying - 'Double check all leaving on Australian Passports as per the rules'.

Otherwise what is to stop you or I turning up and saying the same thing? As quite a few in this thread have mentioned doing so themselves (or variations thereof to have their summer European holiday).

Except that isn't the way it works according to Home Security website. And we know of many who are in this exact position by being an Aussie living overseas and its stated that an exemption is not required.

 

[bcworld]

Seems reasonable that travelling on an Australian Passport to leave the country requires an exemption letter. Every other Australian does.

As has been mentioned...no they don't. If an Australian is ordinarily resident overseas they do not need an exemption. And that is easily determined (on the x days out 2 years model) as Australia by and large enforces entry and exit on an Aus passport, regardless of whether other citizenships are held. However I do sort of agree that for certainty they probably should make all citizens and PRs apply for an exemption under a non-resident category, just to avoid airport situations.

 

[dajop]

Otherwise what is to stop you or I turning up and saying the same thing? As quite a few in this thread have mentioned doing so themselves (or variations thereof to have their summer European holiday).

If you don’t have an exemption letter, your boarding pass can’t be issued until the checkin agent has spoke to Border Force and obtained a code authorising your checkin. This would stop you turning up and saying the same thing, as they look at your immigration records for time spent inside and outside of Australia.

 

[jakeseven7]

If you don’t have an exemption letter, your boarding pass can’t be issued until the checkin agent has spoke to Border Force and obtained a code authorising your checkin. This would stop you turning up and saying the same thing, as they look at your immigration records for time spent inside and outside of Australia.

And sometimes you need both

 

[PineappleSkip]

Junior officer on a power trip??

Nope, intended 100% checks on outgoing travellers before they can access Customs.

Everyone needs to establish they are exempt. There are exempt categories (e.g. foreign passport, ordinarily resident overseas) and exemptions by letter. DHA recommends if in doubt

I you do not think you need a travel exemption, you can present this evidence when you check-in at the airport. However, if you have any doubt about whether your circumstances fall within the definition of ordinarily resident, we recommend you lodge a request for assessment at least two weeks prior to your intended departure.

I was told the 'checkin ring up DHA' process applies to anyone travelling on Aust passport. It is a redundant process, I guess to ensure noone has slipped through the initial exemption check. If you don't have your exemption recorded, I think you'd be sent back to the ABF checkpoint. Do not pass go. Fo not collect $200.

cheers skip

 

[N860CR]

Seems reasonable that travelling on an Australian Passport to leave the country requires an exemption letter. Every other Australian does.

Seems reasonable? Stockholm syndromes does set in after a while. There's absolutely nothing reasonable about restricting people from leaving the country on their own free will.

 

[RAM]

Except that isn't the way it works according to Home Security website. And we know of many who are in this exact position by being an Aussie living overseas and its stated that an exemption is not required.

So say for example a resident in SA decides they want to leave Adelaide to fly to Paris to watch the French Open.

They turn up at the airport and ask very politely to be checked in, and say I don't need an exemption as I normally live in Paris.

What do the officials do? Just take it as the truth and wave them through or do they seek some evidence to substantiate the claim?

Seeking evidence is reasonable vs taking somebody's word - unfortunately too many people lie, as some AFFers who've posted in this thread have proudly announced & described how to do so successfully so you can have a European vacation.

 

[Pushka]

So say for example a resident in SA decides they want to leave Adelaide to fly to Paris to watch the French Open.

They turn up at the airport and ask very politely to be checked in, and say I don't need an exemption as I normally live in Paris.

What do the officials do? Just take it as the truth and wave them through or do they seek some evidence to substantiate the claim?

Seeking evidence is reasonable vs taking somebody's word - unfortunately too many people lie, as some AFFers who've posted in this thread have proudly announced & described how to do so successfully so you can have a European vacation.

Passport details are checked for everyone and which includes border exits. Assuming someone is rorting from the get go is not helpful to anyone.

 

[RAM]

Passport details are checked for everyone and which includes border exits. Assuming someone is rorting from the get go is not helpful to anyone.

I do not think that check-in staff have unfettered access to anyone's complete immigration record - but I could be wrong.

If the check-in staff do not have such access - then it comes back to needing substantiation if you have not sought some kind of exemption (even though technically not needed as post 220 shows). Even though not needed it does state that the airport will be advised that you are able to travel overseas.

So how should that be done to preclude the example I gave a few posts above?

 

[Pushka]

I do not think that check-in staff have unfettered access to anyone's complete immigration record - but I could be wrong.

If the check-in staff do not have such access - then it comes back to needing substantiation if you have not sought some kind of exemption (even though technically not needed as post 220 shows). Even though not needed it does state that the airport will be advised that you are able to travel overseas.

So how should that be done to preclude the example I gave a few posts above?

Border control can see where you have checked in. To apply for an exemption you would not actually meet the conditions to apply because they don’t relate to Aussie people living overseas.

 

[dajop]

I do not think that check-in staff have unfettered access to anyone's complete immigration record - but I could be wrong.

Check-in staff can't release a boarding pass until they get an exemption code from Border Force. For Australian residents leaving this is based on having applied for and being granted an exemption letter. For non-resident Australian citizens, Border Force are called and they look at your immigration records. The general guidance is that you must have spent more time outside of Australia in the last 1-2 years than inside Australia, otherwise they won't allow you to depart. Presumably the 1-2 years bit is sufficiently ambiguous to cater for those who have left Australia within the last 12 months. For those who've been outside Australian for longer than 2 years, the rule would apply being outside Australia for >365 days over previous two years. Also I understand that those who've been inside Australia for >182 days continuously are not allowed to depart.

Check-in staff, in my situation, also asked for my identity card (showing I am resident in Singapore) and "re-entry permit" that indicates the date which Permanent Resident status must be renewed by (although this document relates more to inbound restrictions into Singapore than outbound from Australia). I suspect similar documentation may be required for other countries. In case of doubt, I also carried copies of my employment letter, tenancy agreement, and some utility bills, but have not needed to show these.

 

[auhk]

Does anyone have experience on what the time period of "you’ve spent more time outside Australia than inside for the last 12 to 24 months" means?

So for 24 months, is it prior to the date of leaving Australia (eg. 1 July 2021 leave, it is from 1 July 2019), or is prior to the date of landing in Australia (e.g. land in Australia 1 May 2021, so it is 1 May 2019)?

 

[mviy]

Does anyone have experience on what the time period of "you’ve spent more time outside Australia than inside for the last 12 to 24 months" means?

So for 24 months, is it prior to the date of leaving Australia (eg. 1 July 2021 leave, it is from 1 July 2019), or is prior to the date of landing in Australia (e.g. land in Australia 1 May 2021, so it is 1 May 2019)?

It would be prior to the date of leaving. There was a story in the press about someone who was denied leaving because they’d been in Australia too long.

For example: An Australian who spent 5 years out of Australia and returned in Feb 2020 and has remained here since and wants to leave now would need to apply for and get an exemption to leave.

People who are genuine residents overseas and know the rules should have no problems meeting the criteria.

If you don’t meet the criteria to leave without needing to apply for an exemption you can still take steps to increase your chances of getting an exemption.

 

[dajop]

Does anyone have experience on what the time period of "you’ve spent more time outside Australia than inside for the last 12 to 24 months" means?

So for 24 months, is it prior to the date of leaving Australia (eg. 1 July 2021 leave, it is from 1 July 2019), or is prior to the date of landing in Australia (e.g. land in Australia 1 May 2021, so it is 1 May 2019)?

It would be prior to the date of leaving. There was a story in the press about someone who was denied leaving because they’d been in Australia too long.

Agreed prior to date of leaving. The wording is vague, but I'm pretty sure that if you've been living overseas for >2 years prior to date of leaving the test is on amount of time you've spent inside Australia in previous 2 years prior to your departure date.

have no idea what the "12 to 24 months" bit actually means, but my interpretation (and I don't know if it's correct or not) is:

Move overseas in 2015, have been visiting and want to leave 30 June 2021. The test will be having spent more time outside of Australia than inside Australia over previous 24 months, ie. from 1 July 2019- 30 June 2021.

Moved overseas on 1 February 2020, have been visiting and want to leave 30 June 2021. The test will be having spent more time outside of Australia than inside Australia over previous 17 months, ie. from 1 February 2020 - 30 June 2021.

Moved overseas on 10 November 2020, have been visiting and want to leave 30 June 2021. The test will be having spent more time outside of Australia than inside Australia over previous 12 months, ie from 1 July 2020 - 30 June 2021 (so the 3 months + 10 days before moving overseas counts towards time inside Australia).