Urgent Query on Australian Citizenship-HELP!!

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Urgent Query on Australian Citizenship-HELP!!


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Old 05-09-2012, 02:42 AM
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Urgent Query on Australian Citizenship-HELP!!

Hi All,

I am a German Citizen, who studied at UNSW for 2 years. I really enjoyed my time at UNSW (2008 - 2010) and hence applied for PR and am returning back to Australia in this July.

I intend to stay in Australia from July 2012 for atleast 4 years, and then apply for Australian Citizenship.

Currently the Citizenship website states that One needs to reside in Australia on a valid Australian visa for 4 years "immediately" before applying.

My Questions are:

1. What does the word "immediately" imply in this context, they certainly don't mean that I cannot leave Australia for 4 straight years? Do they?
2. If I go for Vacations, or visit back to Berlin, would that be an issue?
3. *MOST IMPORTANT* - Would this requirement of 4 year residency change again (like it changed from 2 years to 4 years in 2007?). How often do the Citizenship rules change?

Thanks,
Anna Schmidt


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Old 05-10-2012, 04:35 AM
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when the immi said 4 years before applying, it means the time you spent in Australia as a student can also be counted for the time living in aus. but of cos you have to minus the time you left aus for holiday, anytime being away. therefore you can certainly go back to Germany anytime you want, it only affects when you can apply citizenship. the more you leave the later u apply. you need to stay in aus for 4 years but not continually including 1 year of being PR.

Unfortunately no one can predict when they will change the requirement. hope it helps

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Old 05-10-2012, 11:53 AM
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If the requirement changes it will not affect you. The requirement is never retrospective, it will affect only new visa grants.
You can leave Australia ad much as you wish as long as you don't exceed 90 days in any one year. (assuming the 90 days are not in a continuum )

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Old 05-11-2012, 10:27 PM
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Hi Anna,

The Citizenship.gov.au website gives the following condition of eligibility:

"The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia.

You must:
  • 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
  • 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."

(Australian Citizenship - Application process for Australian citizenship - Step 2)

The way I understand it, you do need to be in Australia for a continuous period of four years prior to your application. However, within those four years, you are allowed to be outside of Australia for not more than one year in total, spread across those four years. As a final condition, in the year directly before you apply, you must not have been absent from Australia for more than 90 days.

Since you are already planning to be in Australia for at least four years from the time you arrive in July, you should have no problem as long as your visits back to Germany during those four years do not cumulate to total more than one year.

And also, since you're planning an additional four years, this doesn't matter to you, but for reference:
I don't think on the conditions outlined above that your two years in Australia during 2008-2010 as a student could be counted to the required four year period, as you have already been outside of Australia for a year and half (assuming end of 2010 to mid 2012) - thus not meeting the requirement of not more than one year's absence from Australia.

If anybody disagrees with my understanding and interpretation, then please do say so, as I myself would love to know that I'm wrong on this one...


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Old 05-12-2012, 02:03 AM
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Any legal residence in Australia is counted (for maximum of two years). However you still need to fulfill all other criteria I,e. not more than 90 days etc.
Last two years must be as a permanent resident.
Otherwise your interpretation seems to be perfectly fine.

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