[Ziya]

I lived in Australia as permanent resident from May 2009- August 2015. My husband and kids are Australian citizens. I have house in Melbourne.

I moved to USA in September 2015 with my family for my husband's work purposes on E3 visa. I had applied for my citizenship feb 2018 from USA. In January 2019 I received a massage from DHA to show a letter from my husband's employer or something else about my intention to return to Australia. I had attached his employers letter mentioning about our stay as long as we have valid visa. Next day I got a massage of refusal of my citizenship application.

Reasons-1st say does not meet residential requirements.
2nd can't show my return plan to settle back in Australia.

We want to come back to Australia around 3-years later.

If I return to Australia do I have to stay 4years to apply the citizenship?
I am considering to appeal to AAT... But not sure....

Any suggestions???

 

[JandE]

I lived in Australia as permanent resident from May 2009- August 2015. My husband and kids are Australian citizens. I have house in Melbourne.

I moved to USA in September 2015 with my family for my husband's work purposes on E3 visa. I had applied for my citizenship feb 2018 from USA. In January 2019 I received a massage from DHA to show a letter from my husband's employer or something else about my intention to return to Australia. I had attached his employers letter mentioning about our stay as long as we have valid visa. Next day I got a massage of refusal of my citizenship application.

Reasons-1st say does not meet residential requirements.
2nd can't show my return plan to settle back in Australia.

We want to come back to Australia around 3-years later.

If I return to Australia do I have to stay 4years to apply the citizenship?
I am considering to appeal to AAT... But not sure....

Any suggestions???

The Citizenship conditions include this: "You must intend to live in Australia" which explains the refusal.
They also say: "You must be in Australia when we decide on your application".

The rules do seem to insist that applicants must be in Australia for at least 3 of the 4 years before application.

I can't imagine them changing those basic rules, especially when they actually want to make those rules even tougher.

Under the general exemptions, The minister may count some periods you have spent outside Australia as lawful residence in Australia:
The Special residence requirement shows: You must also have been living in Australia for a total of 16 months (480 days) during the 4 years before you apply, with at least 4 months (120 days) of that time in the year immediately before your application. However, there may be limitations based on the occupation of the Australian partner.

I had been a PR from 1986 to 2011 before I went for Citizenship. I asked for exemption from the new citizenship test, but was told I had to follow the new rules. Having an Australian wife (Federal government employee), at the time, and an Australian child, made no difference for me.

It could be worth paying a migration agent to see what can be done, but I personally feel it might be a waste of money.

 

[Ziya]

Thank you for sharing your experience.