Citizenship residency requirement

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Citizenship residency requirement


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Old 01-05-2015, 09:40 AM
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Citizenship residency requirement

Hi,

I've been in Australia for 4 years on temporary visas(tourist, 457) I am now applying for my PR soon but my current visa is expiring and I have to go lodge my next visa application offshore and return. This means I will be 4 days without a valid visa outside of Australia. Does this mean that my 4 year citizenship requirement will be re-set to 0 because those 4 days outside of Australia without a valid visa?

Andrew

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Old 01-05-2015, 09:54 AM
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Old 01-05-2015, 08:54 PM
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I would assume so since you won't be a legal resident of Australia, but that's just an assumption. Why can't you apply for your PR while in Australia?

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Old 01-05-2015, 10:41 PM
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Shouldn't affect it at all.

The requirements are 4 years in Australia with at least 1 year on a permanent visa.

No more than 1 year outside the country in the previous 4 years and no more than 3 months outside the country in the previous 12 months.

You time in Australia must be on a valid visa, nothing about when you are outside the country.

Time spent on a visitor visa counts towards the 4 years and they usually expire when you leave the country.


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Old 01-06-2015, 01:30 AM
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The requirement (according to the DIBP website) is to be resident of Australia on a valid Australian visa for the 4 years prior to application. So if there's a break when you don't have a visa, then theoretically you don't meet the residency requirement.

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Old 01-06-2015, 03:47 AM
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Quote:
Originally Posted by andrew144 View Post
Hi,

I've been in Australia for 4 years on temporary visas(tourist, 457) I am now applying for my PR soon but my current visa is expiring and I have to go lodge my next visa application offshore and return. This means I will be 4 days without a valid visa outside of Australia. Does this mean that my 4 year citizenship requirement will be re-set to 0 because those 4 days outside of Australia without a valid visa?

Andrew
It's best you call DIBP to ask personally. I'm pretty sure there is no reset.

This issue affects me too. I'm in a similar situation where I spent the early part of my stay in Australia on a tourist visa.

I've checked out DIBP website Residence Requirement Calculator and right down to the legal language of the Citizenship Act 2007 Section 22 residence requrement and it seems there're no issue. They are concerned with few main things:

1) Lawfulness of the 4 year stay when onshore (meaning no overstayer, illegal)

2) Not be overseas for more than a total 12 months collectively and no more than 3 months consecutively as a PR, preceding to application

3) At least 1 year as a PR before application

No mention of a break in visa, no mention of being a resident throughout 4 years, except the last year as PR. But explicit mention of lawful stay.

Definitely you're lawful.

I would venture to say if there was any reset, they will mention it explicitly in the Citizenship Act, because I would imagine this is quite a common scenario. Many of us start of as tourist.

http://www.austlii.edu.au/au/legis/c...07254/s22.html
https://www.ecom.immi.gov.au/citz/startIntervalCalc.do


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Old 01-06-2015, 03:58 AM
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Originally Posted by Maggie-May24 View Post
The requirement (according to the DIBP website) is to be resident of Australia on a valid Australian visa for the 4 years prior to application. So if there's a break when you don't have a visa, then theoretically you don't meet the residency requirement.
I think you're misunderstanding the OP maybe? (Or maybe I am). You are required to be on a valid Australian visa when INSIDE Australia (i.e., keep yourself in the country legally). You're not required to have a valid Australian visa when OUTSIDE Australia. It won't reset the clock. It's like those people who come over on an ETA for three months, are out of Australia for like six months, and then get another type of visa granted and move to Australia permanently and are never out of the country again. The ETA time still counts toward citizenship, AS LONG AS the amount of time they're out of the country doesn't amount to more than 12 months in 4 years, and no more than 3 months their last year (which must be as PR).

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Old 01-06-2015, 07:43 AM
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Like I said, I'm making an assumption. The way I've interpreted it is that you need to have a valid visa for the 4 years prior to applying for citizenship, so if there's a period where you didn't hold a visa then you couldn't be considered a lawful resident. But I've not put this to the test. Makes me wonder if any of my ETA visits could be considered towards my own citizenship.

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Old 01-06-2015, 08:18 AM
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I've seen an agent (Maybe Mark?) definitively say for certain that temporary visas count, even when there's a break between them. I've read of multiple instances where people came over on a tourist visa, then came back on PR months later and their ETA counted towards citizenship. That wouldn't be possible if it worked the way you're interpreting it, IMO.

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Old 01-06-2015, 08:24 AM
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Originally Posted by Maggie-May24 View Post
Like I said, I'm making an assumption. The way I've interpreted it is that you need to have a valid visa for the 4 years prior to applying for citizenship, so if there's a period where you didn't hold a visa then you couldn't be considered a lawful resident. But I've not put this to the test. Makes me wonder if any of my ETA visits could be considered towards my own citizenship.
The last time I looked at their citizenship regulations (and I think some internal staff manual I managed to find) any time spent (legally) in Australia is considered for the 4 year residency requirement. It starts the second you step foot in Australia legally and will continue as long as you're not ever in the country illegally. This means, you could visit on an ETA (lets hypothetically say it's valid for 2 years) ... leave the country before it expires, come back in 12 months with PR and only need to spend 12 months in Australia as PR before applying for citizenship.

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