126.96.36.199 Verifying that a person resides in Australia
Verifying that a person resides in Australia
The factors to be taken into account when deciding if a person resides in Australia are at SSAct section 7(3). Whether a person is residing in Australia must be decided on the evidence available in each case, taking into account any factors that weigh for or against a person's claim that they reside in Australia. Note that the converse of each of the factors in SSAct section 7(3) is also relevant.
- The person's accommodation arrangements, and whether they have made provision for an extended period of accommodation in Australia
- the purpose and expected length of the person's stay in Australia as notified to the Department of Home Affairs. That is, a stated intention to remain permanently has to be considered in light of all the circumstances, such as a factor, but not a conclusive factor, would include the possession of a return ticket, and
- if the person travels often to and from Australia, the frequency, regularity and length of these visits and the purpose.
An established resident who indicates an intention to leave permanently at some time in the future should be regarded as an Australian resident until they leave.
Act reference: SSAct section 7 Australian residence definitions, section 7(3) In deciding for the purposes of this Act whether or not a person is residing in Australia …, section 1220(1) No portability where claim based on short residence