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Discussion Starter · #1 ·
Hello everyone, I am so glad I came across this forum. I've spent a few weeks browsing the internet and trying various Google searches to no avail. I'm hoping that someone here might have some idea of what I am trying to find information on.
My back story- I came to Australia in August 2012 with my then partner and our two children on a 457 visa as a de facto. When our relationship broke down, my employer very kindly offered to sponsor my own 457 visa and at the time the eventual plan was to transfer to 186 after meeting the 2 years in the role on a 457. Due to some structural changes in the business (my employer in effect changed as the ABN did, although all staff including my boss, and my role, remained the same). This has thrown a giant spanner in the works and it seems that there are future changes planned again which will lead to another change in ABN and this time I will be reporting to a different boss, although still in the same role and at the same premises. The only thing standing in the way is the ABN changes.
This makes all PR applications a risk and as processing times are now so long, there isn't any hope that it will be finalised before the further planned changes come into effect. I stand to lose thousands of dollars that I can't really afford to as a single mum.
Having done some investigating, I am wondering if I can apply directly for citizenship and ask for ministerial discretion on the requirement of having spent 12 months as a permanent resident in Aus. I have been here almost 6 years now, but only on a 457 visa. My children attend school here and have done so since 2012. My younger child has spent more than half his childhood here and has little to no memory of life before here (he was 4 when we arrived) and my eldest has just started high school here. I don't have the time to submit a PR application due to the business structural changes, yet without a visa I am not permitted to work and so unable to support my children and myself. If it were just me there would be various options to apply for, but with dependents, those options are limited and I am beginning to stress very badly. I can't bring myself to uproot the children again and cause them emotional and mental damage as in the process I would be taking them away from the life they know and their Dad, nor can I afford to move country and begin again.
Their Dad still lives here in Australia, with his Australian gf of 3 years now.
I have been in the same job for almost 4 years, I pay taxes and would regard myself and my children as being fully integrated into Australian society.
Is anyone familiar with or has anyone successfuly applied for Citizenship with a Ministerial Discretion on the permanent residence requirement?
I have my fingers crossed for a positive response.
Thank you for taking the time to read my query.
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I can't see that there would be any way of applying for citizenship without first obtaining PR, unless you could make a very strong case that you would otherwise suffer significant hardship or disadvantage.

I have no personal experience with this and haven't got time to read up on it at the moment.

Maybe one of the other agents who post here can shed some light on it ?
 

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Discussion Starter · #3 ·
It's that significant hardship bit that's stumping me. What is accepted as significant hardship? My boss has already confirmed he is happy to detail the structural changes in a signed statement, but unfortunately it seems from reading other forum posts that any application submitted with ministerial discretion is delayed even further in processing and the fear is running out of time there too.
Wait times for both citizenship and PR option are approx 15months, but the worrying bit is that if in the meantime my visa vanishes due to my original sponsor no longer existing, I won't be able to work to support my children. And as the sponsor is needed for approval of the PR application in the first place, that would lead to it being denied and a huge loss financially as well as no visa.
Nobody seems to be able to tell me whether in either case there would be a bridging visa that would cover me so that I could continue to work. The business will remain, as will my job, it's just the employer and ABN on paper that changes.
 

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Citizenship applications don’t come with a bridging visa.

To find information on hardship issues, you’d have to read up on relevant MRT/AAT cases, plus whatever information there is in the Migration Act, the regulations and the PAMs.
 

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Discussion Starter · #5 ·
Citizenship applications don't cone with a bridging visa.

To find information on hardship issues, you'd have to read up on relevant MRT/AAT cases, plus whatever information there is in the Migration Act, the regulations and the PAMs.
Could you direct me on where to find those things? I have no idea what those abbreviations stand for to begin with.
Thank you : )
 

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Google AAT/MRT to do a search of old review cases that have been published.

Google “Migration Regulations” and “Migration Act” to find them. I don’t think it is possible to access the PAMs without a ( expensive)subscription to LegendCom or LexisNexus.

MRT= former Migration Review Tribunal, now AAT= Administrative Appeals Tribunal.

PAMs= Procedures Advice Manual , an internal Manual for case officers.

A word of warning: without knowing where to look and how to read and interpret the legislation, none of this may be of much assistance to you. It is quite a specialised area.
 

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Discussion Starter · #7 ·
Google AAT/MRT to do a search of old review cases that have been published.

Google "Migration Regulations" and "Migration Act" to find them. I don't think it is possible to access the PAMs without a ( expensive)subscription to LegendCom or LexisNexus.

MRT= former Migration Review Tribunal, now AAT= Administrative Appeals Tribunal.

PAMs= Procedures Advice Manual , an internal Manual for case officers.

A word of warning: without knowing where to look and how to read and interpret the legislation, none of this may be of much assistance to you. It is quite a specialised area.
Thank you, I'll give the searches a go.
Specialised and very interesting I must say!
 
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