[aussiebloke]

Hi there

I need help in regards to applying citizenship given the new law has changed a few times and hope you can assist

Here is the timeline

We both got married in mid Dec 2014 in Sydney and applied for onshore visa the next day for stage 1 & 2
And finally got granted for permanent visa in mid Dec 2018 after all the long wait

So basically, she has been here in Australia for 4 years and 3 month from November 2014

When she got granted for PR in 14th Dec 2018, during the past 1 year she was in Australia for the whole time (has not travelled out of Australia) till 17th Jan 2019 as of today

During the 4 years period & 3 months period, she has been back to oversea no more than 12 months as required to apply for citizenship (approx. 8 months she has been in overseas in total mainly in 2016)

So basically, is she eligible to apply for citizenship?

I did the citizenship application online form to see if she was eligible and you know how they asked those bunch of questions like did she stay here for 4 years, was she away for more than 1 year during the 4 years, is she is in good character, was she deported etc and those stuffs, until one question, I was simply confused about as below:


Please select the option that best applies to you


a) You obtained an e-visa to replace an expired RRV
b) You obtained a bridging visa of any type
c) You lodged an onshore application for a permanent visa then travelled overseas on your temporary visa
d) None of the above

I wasn't sure if this is b) or c) or d) to me. When I chose b) or c), then the next thing is saying she was not eligible for it whereas if chose d) , she is eligible for it

This is the question that confuses me.
As I told you the story here, she applied onshore and obviously we went to overseas during the period and applied for bridging visa which is the b) answer. But c) seems to be similar answer to b) since she has travelled oversea with a bridging B visa (stage 1) but not required in stage 2 as she can travel without a visa.

Or should it be NONE of the above?

So in this case, which answer should it be? And as I told the story here, based on the time calculation, is she eligible to apply for citizenship?

Also, she plan to go to oversea for about 2 months holiday (haven't purchased the airticket yet) next month in February, but not sure if it will affect her citizenship eligibility

And should we apply online anyways even i have to spend $285 application for nothing? Because I am afraid if it gets rejected, the $$ will be gone, unless it will be refunded back to me if they found out that she is not eligible, so thats why I want to be sure whether she is eligible to apply the citizenship based on the timeline and scenario here

Your answer and help will be very very appreciated

 

[sabbyaz]

Hi there

When she got granted for PR in 14th Dec 2018, during the past 1 year she was in Australia for the whole time (has not travelled out of Australia) till 17th Jan 2019 as of today

Your dates are a bit confusing 🙂

Did she get her PR in 2018 or 2017?
If she got it on the 14/12/2018 like you said above, then she isn't eligible.

However if she got it on the 14/12/2017, then yes she is eligible to apply, even with the time periods she has been away.

The application fee is non refundable.

 

[council]

I need help in regards to applying citizenship given the new law has changed a few times and hope you can assist

Your partner must meet the general residence requirement

At the time you apply you must have been:

1. living in Australia on a valid visa for the past 4 years
2. a permanent resident or eligible New Zealand citizen for the past 12 months
3. away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months

4 yrs resident = yes
PR for 12 months = no
away from Australia less than 12 months in 4 yrs = yes
away from Australia less than 90 days in last 12 months = yes

So the thing preventing you from applying for citizenship is the 12 month PR requirement.

 

[JandE]

And finally got granted for permanent visa in mid Dec 2018 after all the long wait

So basically, she has been here in Australia for 4 years and 3 month from November 2014

When she got granted for PR in 14th Dec 2018, during the past 1 year she was in Australia for the whole time (has not travelled out of Australia) till 17th Jan 2019 as of today

Citizenship eligibility will be 14 Dec 2019 at the earliest. From the point that she has PR for 1 year.

 

[aussiebloke]

Hey guys....
thanks very much for your answer

I am very sorry as I have made a VERY big mistake typo in the date detail here which is the PR date she has stayed!

I mean she actually got granted for PR on 14 Dec 2017 and NOT 14 Dec 2018, so it was a typo error, hence why I said that means she has been a PR for 1 year and 1 month


So does that mean she has met all the eligible requirement?

And even she does apply, how long will it take to be approved generally? Because like said, we plan to go oversea holiday next month for a couple of months and I am not sure if this is going to affect the residence of days or the approval when she is not here etc

And is there refund for the application fee in case it finds out it is not eligible yet or filled in wrong details?

 

[sabbyaz]

See my answer above 🙂
Approval is on a case by case basis. I had to wait 1.5years for my approval since I applied. Current indicated processing time is 19 to 22 months.

 

[Skybluebrewer]

Have you done this yet? You can enter exactly what dates she entered Oz, had PR granted, and dates she left. It will tell you whether or not she's eligible.

https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator

 

[aussiebloke]

Thank you very much guys!
Sorry about that

Yes it seems like she is eligible after doing the calculation

By the way, 2 other important questions
I know like 'sabbyaz' said, the waiting period now is 19-22 months, my wife wants to know

a) Even she gets rejected, say she is not eligible as she just missed the mark or whatever reason, will the rejection take 19-22 months that long? Or disapproval would come back quickly? The reason why she ask is that even disapproved, she can apply again and doesn't have to risk taking almost 2 years for the answer!

b) During the approval period, I am sure she will be able to travel but will that residency add up or it only counts BEFORE she applies? Unless she gets rejected and that residency applies during that period?

Thanks once again

 

[aussiebloke]

Can anyone help please?