Citizenship Waiting Period once PR Granted - Page 2

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Citizenship Waiting Period once PR Granted - Page 2

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  #11 (permalink)  
Old 01-16-2015, 03:08 AM
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Users Flag! From canada

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I was of the impression that special residence applies when you work for certain types of Australian employers who require you to be outside Australia. If these oil platforms/plants are for an Australian employer it's possible it may qualify, but if the employer isn't Australian I think it misses the criteria.

186 visa - Temporary Residence Transition stream
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  #12 (permalink)  
Old 01-16-2015, 04:43 AM
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Originally Posted by SPPAUS2015 View Post

I've actually two opportunities atm:

1) Is working offshore on an oil platform in Ghana as a Maintenance Planner.
2) Is working on a oil process plant in Algeria as a Maintenance coordinator/Shutdown Planner; living in a compound.

I'd classify both facilities as resource installations, one obviously being a sea installation. If I'm purely out of Australia, to work on either type of facility, are you suggesting that there are extenuating circumstances that could permit me to be "absent from the country" without jeopardising my pursuit of citizenship?

What do you mean by "Special Residence" - is this an alternate classification of/for PR?

What would you recommend as the best course of action to gain clarity on what opportunities are available?
Ok, first of all, just my 2 cents worth. So take it with a pinch of salt. But I'll apply as much rigour based on interpretation of facts, to your unique situation, and then I'll invoke the "call citizenship hotline" or consult an agent.

Special residence means alternative provisions to the normal citizenship requirement (4 years, 1 year as PR, not more than 1 year outside... etc). Actually, it may not be so accurate to call it a provision, I think it replaces the normal citizenship requirement for extenuating circumstances.

Just take a look at the special residence requirement, it states (quoted verbatim):
Australian Citizenship – Variation to the residence requirement

If you have been engaged in particular kinds of work and can provide evidence from an employer that shows you have worked in that occupation for at least a total of 2 out of the past 4 years and you were required to travel outside Australia for that work, the following special residence requirement may apply to you.
Requirement: You must have held a valid Australian visa for 4 years, immediately before applying, including one year as a permanent resident immediately before applying.

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.

A few observations about Special Requirement. It's onerous:
1) worked in that occupation (meaning the new job u r interested in) for at least a total of 2 out of the past 4 years and you were required to travel outside Australia for that work (you do not qualify)
2) The requirement spans over 4 years (you qualify)
3) You still need one year as a permanent resident (not qualify yet)
4) living here for 16 months (you qualify)
5) living here for 4 months before you apply (yet to be seen)
6) a worker on a resources installation or a sea installation (arguably you qualify)

If you take up the offshore installation job right away, you'll not qualify under 3) and 1) and probably 5).

So do you qualify? If the special requirement is a straightforward tick of checkboxes, it mean you do not.

If special requirement is a holistic weighting of evidence, then you may stand a chance. But I don't think so, it's a more yes/no feel cos the requirements are laid out quite clearly.

There're 2 ways from here:

1) Plan your citizenship pursuit around the normal requirement. Make sure your get the 1 year PR first. This means forgoing the offshore job after you get your 1 year PR.

2) Plan your citizenship pursuit around the special requirement which is more onerous. This is even more difficult to qualify because it states you still need to have 1 year PR also.

So in the final analysis, I think you stand close to a zero chance if you take up the new job.

  #13 (permalink)  
Old 01-18-2015, 11:06 PM
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Join Date: Jan 2015
Posts: 4
Users Flag! From uk

Thanks so much for the reply Liferiver. Very informative.

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