Citizenship residence requirements

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Citizenship residence requirements


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  #1 (permalink)  
Old 06-15-2015, 01:08 PM
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Citizenship residence requirements

Hi all

I know you properly get this question asked fairly frequently and the response usually involves quoting:

1. 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
2. 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

...to meet the general eligibility criteria, but my question is, if we're allowed 12 months outside Australia, does that mean we can meet the residence requirement after 3 years of continuous residence and the fourth year = those 12 months of allowed absence? I ask this because I'm a little confused. I was granted my PR overseas 1st of May 2012 - which means I become eligible for citizenship 1st of May 2016. However, I've phoned the citizenship info line twice - first person said I would be eligible in Nov this year and explained it was calculated as 3 years + the 211 days I spent overseas so far. When I rang the second time to enquire about documents, I was advised I would only be eligible next May, 2016.

The first operator said its actually 3 years + time overseas and was able to give me an exact date. The second said this was untrue. Representatives from DIPB stated in appeals tribunal cases, over half a dozen times or so, that 1095 days are required. For example:

1. Taher vs Minister of I&BP (2013): "Allowing for the overseas absences in s. 22(1A) and (1B) of the Citizenship Act, the 4 year requirement is reduced to 1095 days and the 12 month requirement to 275 days."

2. Liu vs Minister of I&BP (2013): "Liu was required to spend no less than 1095 days present in Australia in order to meet the general residence requirement"

3. Saunders vs Minister of I&BP (2012): "a person wishing to obtain citizenship must have been lawfully present in Australia for at least 1095 days during the four years immediately prior to lodging an application for citizenship."

1095 is exactly 3 years - therefore if the above is true then its 3 calendar years + number of days spent overseas = date eligible for citizenship.

Does anyone here happen to have any information about this?


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Old 06-15-2015, 01:16 PM
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I would be going with what the 2nd operator said as the 1st one doesn't make sense.

If you spent 3 years in Australia and then went overseas for all of the 4th year you wouldn't meet the requirements as you can only be out of the country max 90 days in the 4th year.

What the cases are saying is that you must spend a minimum of 3 years in Australia to get citizenship.


Last edited by Mish; 06-15-2015 at 01:18 PM.

  #3 (permalink)  
Old 06-15-2015, 01:18 PM
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Quote:
Originally Posted by Mish View Post
I would be going with what the 2nd operator said as the 1st one doesn't make sense.

If you spent 3 years in Australia and then went overseas for all of the 4th year you wouldn't meet the requirements as you can only be out of the country max 90 days in the 4th year.
Suppose I'm not in the country the first 12 months of those 4 years?


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Old 06-15-2015, 01:24 PM
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Quote:
Originally Posted by artech View Post

Suppose I'm not in the country the first 12 months of those 4 years?
I believe that it doesn't count until you made your first entry into Australia if your visa was granted offshore. So your time would count when you made your first entry into Australia.


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Old 06-15-2015, 07:50 PM
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when did you validate? That is the biggest question. From that time, it's a min of four years. If you validate and return home for a year then return and remain for 3 years you qualify....if you turn up and don't leave at all its four years from that date.


  #6 (permalink)  
Old 05-11-2016, 04:30 PM
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To know if I am eligible for Australian citizenship

Hello,

My name is Sunny. I am a permanent resident in Australia. I want to know if I am eligible for citizenship. These are my details -

I entered Australia as an international student on March 9, 2009 and stayed till May 22, 2011. I left for India on May 23, 2011. I applied for skilled temporary 476 visa and entered Australia on Feb 8, 2013. I got my PR on Apr 24, 2015 and I am continuing to live in Australia. In short,

Lawful residence date: Mar 9, 2009 (as a student)
PR date: Apr 24, 2015
Dates traveled outside Australia: May 23, 2011 to Feb 7, 2013

I know the residence requirement says I should not have been outside Australia for more than 12 months, which I have. But on entering these dates on residence calculator, it says I am eligible. So I am very confused.

I would be thankful to anyone who can help me with this confusion.

Thanks
Sunny


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Old 05-11-2016, 09:15 PM
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Quote:
Originally Posted by sunny87 View Post
Hello,

My name is Sunny. I am a permanent resident in Australia. I want to know if I am eligible for citizenship. These are my details -

I entered Australia as an international student on March 9, 2009 and stayed till May 22, 2011. I left for India on May 23, 2011. I applied for skilled temporary 476 visa and entered Australia on Feb 8, 2013. I got my PR on Apr 24, 2015 and I am continuing to live in Australia. In short,

Lawful residence date: Mar 9, 2009 (as a student)
PR date: Apr 24, 2015
Dates traveled outside Australia: May 23, 2011 to Feb 7, 2013

I know the residence requirement says I should not have been outside Australia for more than 12 months, which I have. But on entering these dates on residence calculator, it says I am eligible. So I am very confused.

I would be thankful to anyone who can help me with this confusion.

Thanks
Sunny
I think this extra info might be needed to ensure accurate answers.

Quote:
Originally Posted by sunny87 View Post
I did not hold a valid Australian visa from May 11, 2012 to Jan 31, 2013.

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