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Discussion Starter · #1 · (Edited)
Hello All,
I am new to this forum and would like to ask if anyone have answers to my situation.

I am from the States and was married my wife back in 2014. She is an Australian citizen who lives and work in the states and we are still living here at the moment. I had applied for a partner visa right after we got married and I was finally approved for a Permanent Partner Migrant Visa yesterday on 1/23/2018. Here is my question. I keep reading that there is a 4 year residency requirement in order to be eligible for citizenship and the last year has to be under Permanent Residency. But there is this "special residence requirement" where I read under the Ministerial Discetion, it states:

"If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia."

So does that means as long as my wife (who is an Australian citizen living in the states) and I am with her overseas, my time in the States will still count towards my residency requirement? What if I stay in the states for all 4 years as long as my wife is still here? Can all 4 years in the States qualify for the residency requirement?

I also want to add that we have a son that is also an Australian Citizen (by descent). Not sure if this helps.

Any feedback would be greatly appreciated. Thank you.
 

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Hello All,
I am new to this forum and would like to ask if anyone have answers to my situation.

I am from the States and was married my wife back in 2014. She is an Australian citizen who lives and work in the states and we are still living here at the moment. I had applied for a partner visa right after we got married and I was finally approved for a Permanent Partner Migrant Visa yesterday on 1/23/2018. Here is my question. I keep reading that there is a 4 year residency requirement in order to be eligible for citizenship and the last year has to be under Permanent Residency. But there is this "special residence requirement" where I read under the Ministerial Discetion, it states:

"If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia."

So does that means as long as my wife (who is an Australian citizen living in the states) and I am with her overseas, my time in the States will still count towards my residency requirement? What if I stay in the states for all 4 years as long as my wife is still here? Can all 4 years in the States qualify for the residency requirement?

I also want to add that we have a son that is also an Australian Citizen (by descent). Not sure if this helps.

Any feedback would be greatly appreciated. Thank you.
Yes, that period of time may be treated as time spent in Australia.

You will need to show that you have a close and continuing association with Australia.
 

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Discussion Starter · #3 ·
Yes, that period of time may be treated as time spent in Australia.

You will need to show that you have a close and continuing association with Australia.
Thank you Nick for the response. Can you provide me with some examples of what close and continuing association with Australia means? My inlaws (who are all Australian Citizens) are all still living in Australia and we see them every year. Would that be enough? Thanks.
 
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