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Discussion Starter · #1 ·
Hi, I hope someone can help or point me in the right direction.
I 1st came to Australia on a Holiday Visa 05/10/11 which is the date I have used for my Lawful Residency Date.
I got my PR on 23/04/2012.

Between 09/04/2106 to 24/02/2019, I lived in England where I successfully applied for a resident return visa leaving no gap in PR or being able to come to Australia.

Speaking to IMMI, I was told that they reset my Lawful Residency date to 24/02/2019 because of the extended period of being out of the country.
I cannot find any legislation or information if this is correct or not and IMMI only directed me to Legislation.com.au.
The only legislation found being
Australian Citizenship Act 2007

I want to know if I can contest the date so I can start my Citizenship application now or if I will need to wait until Feb 2023.

Staffy
 

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As per the department website

At the time you apply you must have been:
  • living in Australia on a valid visa for the past 4 years
  • a permanent resident or eligible New Zealand citizen for the past 12 months
  • 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
So, if you apply now considering the 05/10/11, you have been away from Australia (Between 09/04/2106 to 24/02/2019) for almost three years, you are not satisfying the third dot point, hence they advised you the lawful residence date 24/02/2019.

Cheers
 

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Discussion Starter · #3 ·
As per the department website

At the time you apply you must have been:
  • living in Australia on a valid visa for the past 4 years
  • a permanent resident or eligible New Zealand citizen for the past 12 months
  • 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
So, if you apply now considering the 05/10/11, you have been away from Australia (Between 09/04/2106 to 24/02/2019) for almost three years, you are not satisfying the third dot point, hence they advised you the lawful residence date 24/02/2019.

Cheers

So the past 4 years being 13/05/18 - 13/0522. In that time I have been in Australia 3Years 4 Months meaning that in the past 4 years, I have been away from Australia for 8 months which is less than 12 months and not within the last 90 days.

I believe you are saying that my absence was 3 years which I agree, but the majority of this was before the 4 year time period.

IMMI didn't actually flag this as being the issue. What they did say is that my Lawful Residency date changed from 05/10/2011 to 24/05/2019 of which I can't find any information why this would be.

Thanks for the responce.
 

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In that case you seem to be eligible.
Try using this the residency calculator, fill in all you dates and see what it says.
Its a bit tricky on the lawful residence date. I would suggest get this discussed with some migration agent.
 

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Discussion Starter · #5 ·
In that case you seem to be eligible.
Try using this the residency calculator, fill in all you dates and see what it says.
Its a bit tricky on the lawful residence date. I would suggest get this discussed with some migration agent.
Thanks.
The residency calculator does actually say that I am eligible but this is because I am using the Lawful Residency date that I believe it to be, not the adjust one that they are using.

I think you are right, I may need to use a Migration Agent.
 

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Thanks.
The residency calculator does actually say that I am eligible but this is because I am using the Lawful Residency date that I believe it to be, not the adjust one that they are using.

I think you are right, I may need to use a Migration Agent.
"Living in Australia on a valid visa for the past 4 years" might be the reason.

When did your earlier RRV expire, and when did the new RRV start?
 

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Discussion Starter · #7 ·
The living in Australia part is OK as you can be away for 11 months during the 4 year period that I have placed at the start of the 4 year block. The online calculator also confirmed this and gave me an "eligible to apply". The issue is the Lawful Resident date which I think you have solved for me.

I believe that Legislation states that if you are aboard on a valid visa, then you are still lawfully a resident.
Having said that, although I have had PR since 2012, putting the dates below, it seems there is a period of 3 month while being offshore where the travel restriction on 1 Visa expired, and not granted again. So effectively, during this 3 month period, I would not be able to travel back between these dates - 01/05/2018 to 21/08/18.
I need to check with my wife as I thought that we never had a gap but this suggests otherwise.

If this is the case, then your lawful residency date is when you 1st legally arrive in Australia (holiday or PR) without any period being offshore and cannot legally travel back which makes sense.
In other word, you stop being a Legal Resident as soon as you are out of the country and the Travel part of your visa ends.

My RR Dates:
I have multiple RR Visas
155: Date of Grant 01/05/2017 - Can stay indefinitely - For travel, must not arrive after 01/05/2018 - I applied while offshore
155: Date of Grant 21/08/2018 - Can stay indefinitely - For travel, must not arrive after 27/02/2019 - I applied 18/03/2018 while offshore and arrived back 24/02/2019 which is the new Legal date.
155: Date of Grant 05/08/2019 - Can stay indefinitely - For travel, must not arrive after 05/08/2020 - I applied while in Australia


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Still with the processing time of what they are, by the time it gets assessed I will have been here for more than 4 years😆

Thanks for raising this, the x2 guys I talked to at IMMI were unable to explain this to me ;)
 

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Still with the processing time of what they are, by the time it gets assessed I will have been here for more than 4 years😆

Thanks for raising this, the x2 guys I talked to at IMMI were unable to explain this to me ;)
There is one other possible issue.

At the time you apply you must have been living in Australia on a valid visa for the past 4 years.
 

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Discussion Starter · #9 ·
The online calculator states that I am eligible to apply.
I applied to get all my International movement dates from the government (which is free) And entered them in with no issue but using the wrong lawful date.
Speaking to the Visa people, they stated that my lawful residency date was wrong.

Yes, At the time you apply you must be living in Australia for the last 4 years AND with no more that 12 months out of the country, and not more than 90 days in the last year. The fact that the 1st 9 months out of the 4 year period was out of the country is not an issue as you are allowed up to 12 months. There in no rule of where that 12 months fits in other than no more than 90 days in the last year. Your PR and lawful dates do need to be before the 4 years however.

Try it in the calculator, leaving Australia 2015 and arriving in Australia April 2019 with a PR date of Feb 2000 and Lawful Residency date Jan 2000 As not to affect the 4 year rule. See if it says you are eligible or not.
 
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