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Citizenship Waiting Period once PR Granted

6K views 12 replies 5 participants last post by  SPPAUS2015 
#1 ·
Hi, Hope I can find some helpful information here regarding the 12 month waiting period between being granted PR to applying for citizenship. But before getting onto my question, a little background:

I've been living in Australia since 2010, and have applied for Permanent Residency. My aim is to apply for citizenship 12 months from being granted PR.

I'm aware of the following requirements:
- To have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and
- To not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying.

I'm considering a job offer at the moment that is a FIFO, month on month off. I'd be working overseas and returning to Australia during my off swings. I'd be paid into an Australian bank account and would continue to pay Australian Taxes on my income.

My question is that if I am to pursue this opportunity, would it jeopardise my aim of attaining citizenship 12 months from being granted PR?

I suspect the answer is all wrapped up in how the department of immigration define "being absent" from Australia.

If you have any understandings on this particular topic, I'd greatly value your opinions.

Regards,
 
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#3 ·
The moment your passport is registered as being outside Australia, then you will be considered absent until the moment your passport is registered as returning. Where you're being paid from and where your bank account won't be relevant.
 
#4 ·
Ah, okay. So it's purely based on when you're pasport is registered as being in the country or not. I was wondering if being registered as an Australian citizen for tax purposes, and continuing to pay taxes over the 12 months/time outside the country would be grounds for some sort of extenuating circumstances?
 
#6 ·
Is your spouse with you overseas?

Australian Citizenship â€" Variation to the residence requirement

Minister Discretion might apply to you.

Clause 5 or 6

5. If you have spent time outside Australia as a permanent resident with your 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.
6. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.

Or if you're in one of the designated professionals, special residence might apply to you.

a member of the crew of a ship or aircraft
a worker on a resources installation or a sea installation
a Chief Executive Officer or Executive Manager of an S&P/ASX All Australian 200 listed company
a Scientist employed by:
an Australian university who has attained a PhD in their field of speciality and is undertaking research and development of benefit to Australia or
Commonwealth Scientific and Industrial Research Organisation (CSIRO) or
a medical research institute which is a member of the Association of Australian Medical Research Institutes (AAMRI)
a medical specialist, internationally renowned in their field, who is a fellow of an organisation listed in Schedule 4- Part 1 of the Health Insurance Regulations 1975 (Cth) and holds a relevant qualification in relation to the organisation
a person who is a writer or is engaged in the visual or performing arts and who is the holder of, or has held, a Distinguished Talent Visa.
 
#8 ·
Hi Life river. Thanks for your reply. I find your response very insightful. I hope I can ask another couple questions of you.

Is your spouse with you overseas?
I've no spouse, though the category of designated professional you indicate may well apply to my possible circumstances.

Or if you're in one of the designated professionals, special residence might apply to you.

...a worker on a resources installation or a sea installation
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?
 
#11 ·
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.
 
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