Pondering

[Cal2]

Just pondering - at the moment you have to apply for an exemption to leave Australia. But if you're not an Australian passport holder ie on PR or a visa, and hold a UK passport - can you actually be prevented from leaving?

 

Just random thinking -  and yes, I know they can make it difficult to get back..........

[NicF]

21 minutes ago, Cal2 said:

Just pondering - at the moment you have to apply for an exemption to leave Australia. But if you're not an Australian passport holder ie on PR or a visa, and hold a UK passport - can you actually be prevented from leaving?

 

Yes.  They are able to tell from your passport what visa you hold and therefore whether you need an exemption to leave or not.

[Cal2]

yes I get that - but you're a UK citizen or the citizen of another country, so how does that stand legally?

 

as I say Im just curious as no-one seems to know.

 

and yes I know you just apply under the 3 month exemption etc

[Parley]

8 minutes ago, Cal2 said:

yes I get that - but you're a UK citizen or the citizen of another country, so how does that stand legally?

 

as I say Im just curious as no-one seems to know.

 

and yes I know you just apply under the 3 month exemption etc

If you are going one way and not expecting to return it should be ok.

The problem in WA was caused by an Indian going home to India and then returning with Covid.

Edited April 27, 2021 by Parley

[Marisawright]

50 minutes ago, Cal2 said:

yes I get that - but you're a UK citizen or the citizen of another country, so how does that stand legally?

 

as I say Im just curious as no-one seems to know.

 

and yes I know you just apply under the 3 month exemption etc

Legally, it’s your country of residency that counts, not your citizenship. 

[vickyplum]

In answer to your question, it's related to whichever country you are ordinarily resident in - https://covid19.homeaffairs.gov.au/leaving-australia#toc-6.
 

You are considered ordinarily resident in a country other than Australia if international movement records show that you’ve spent more time outside Australia than inside for the last 12 to 24 months. You do not need to carry a paper record of your movements with you. If required, Australian Border Force officers at airports can check your movement records in their systems.

If 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.

Which means if a person got stuck here whilst on holiday, no issue, but if they live here (regardless of other citizenships),  you are subject to having to 'apply to leave' - refer to the rest of the link above for the painful amount of detail required!  I assume (for example) if someone with dual UK/Aus citizenship or a PR, has lived here for 10 years, the UK  aren't going to step in to help you get home, because hey, you lived here happily until COVID kicked off and swore the oath to Australia etc (being facetious here but you get the idea).

There was also a big discussion (or maybe two...) involving a poster called LoopyLou (I think that's the right user name) that was discussing the legal/international human rights aspects of the closed Aus border. You might want to look it up... or not  

Edited April 27, 2021 by vickyplum

[Marisawright]

Vickyplum is correct.   There is solid reasoning behind it.

They don't give two hoots if people leave the country.   All they're really worried about is letting people in.

So, if your usual home is overseas and you don't have a visa to live in Oz, you can go and welcome, because the chances of you coming back are low.

But if your usual home is in Australia, it's more than likely you WILL come back at some point, and then you'll need an airline seat and a quarantine place and that's a problem. That's why you need to prove you're not intending to return for a long time/ever, OR show very strong compassionate grounds.

[MacGyver]

I would imagine its going to become increasingly difficult (not easier) to return to Australia, as some state premiers are unhappy At the current numbers of arrivals and the pressure it is putting on the quarantine programmes. SA has suspended international arrivals and WA has cut arrivals by 50%. With the slow vaccine rollout, a more cautious approach will likely follow, meaning less flights and more difficulty returning.

Not that you have said you plan to go anywhere, just in case that is the reason for the query. Anyone going overseas should expect a very lengthy and expensive process to return.

[Cal2]

thanks everyone - it was a chat with mates and we were wondering about the legalities - not doing anything - just a discussion