Australian citizenship - Ministerial Discretions - living overseas

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Australian citizenship - Ministerial Discretions - living overseas


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Old 04-26-2017, 02:54 AM
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Australian citizenship - Ministerial Discretions - living overseas

Hi,

Regarding Australian Citizenship – Ministerial Discretion

Anyone can help my case please ?

I got Australian Citizenship, sponsored my wife who got PR in 11/8/2014, Feb 2015 she came to Australia to activate PR status. After one week, she went overseas to work.

We both are living in overseas right now because we have jobs there (not Australian Government jobs), we visit Australia one time every year, I bought a house which is rent in Australia and paid income tax for the rent income as normal. Also, my son is Australian Citizen (by descent).

She can’t get General requirement because she is living with me (Australian Citizen) in overseas.

However “The Minister has discretionary powers to vary the residence requirement in the following circumstances, if you will be in Australia at the time your application is decided. If you will be overseas during this period, only discretions 5 and 6 below apply.”

“5. “If you have spent time outside Australia as a permanent resident with your Australian citizen 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.”

My question is that, Could she apply for a Citizenship based on Ministerial Discretions in Feb 2019 (after 04 year hold PR) ?

I highly appreciate your kind helps

Regards

Harry


Last edited by hazi; 04-26-2017 at 03:00 AM.

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Old 04-26-2017, 08:53 AM
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It comes under Section 22.9 or the Citizenship Act. Has to show a strong continuing association with Australia. I am doing one of these at the moment. I haven't got the result as yet.

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Old 04-26-2017, 08:57 AM
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Quote:
Originally Posted by Jeremy Hooper View Post
It comes under Section 22.9 or the Citizenship Act. Has to show a strong continuing association with Australia. I am doing one of these at the moment. I haven't got the result as yet.
Thanks Jeremy,

We have a child who is a Aussie Citizen, I owned a house in Melbourne, but the title is not in both, do you think it is a strong continuing association with Australia ? If you can, can you suggest what a strong continuing association with Australia is ?

Thanks Jeremy once again

Harry


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Old 08-27-2017, 08:25 AM
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Hi Harry,

I applied under ministerial discretion on 10 March 2017 with almost the same situation as yours. I received a test appointment for 13 September 2017. So fingers crossed!

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Old 08-27-2017, 02:58 PM
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Hi Harry,

I applied under ministerial discretion on 10 March 2017 with almost the same situation as yours. I received a test appointment for 13 September 2017. So fingers crossed!
Thanks for your reply, i do hope my wife will get citizenship soon

Dont you mind listing what documents i need to prepare for Immigration except for general requirements?

Thanks in advance!

Harry


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Old 09-12-2017, 06:46 AM
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Hi Harry,

My husband and I have a small business in Australia so I gave them documents to show that the business is up and running although I wasn't in Australia. Also, I gave them tax documents showing that I paid my taxes. I wrote a statement explaining the reasons why I was not in Australia.

Best of luck to you and your wife.


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Old 09-17-2017, 08:58 AM
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Originally Posted by shisa View Post
Hi Harry,

My husband and I have a small business in Australia so I gave them documents to show that the business is up and running although I wasn't in Australia. Also, I gave them tax documents showing that I paid my taxes. I wrote a statement explaining the reasons why I was not in Australia.

Best of luck to you and your wife.
Thanks a lot Shisa, I will prepare documents for my wife as what you advised.

All the best

Harry


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Old 10-17-2017, 09:16 AM
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Quote:
Originally Posted by shisa View Post
Hi Harry,

My husband and I have a small business in Australia so I gave them documents to show that the business is up and running although I wasn't in Australia. Also, I gave them tax documents showing that I paid my taxes. I wrote a statement explaining the reasons why I was not in Australia.

Best of luck to you and your wife.
Hey Shisa,

Just following your conversation with Harry... im in a similar position, applied for my citizenship on 23rd Jan 2017 and have not heard anything from the department till today. I called them up and was told to wait for their response. Do you know if you have to be in Australia for them to give a decision? My wife and son are both australian citizens and I have to travel overseas for work, hope thats not making my decision to take long.


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Old 10-17-2017, 11:12 PM
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Originally Posted by niyam View Post
Hey Shisa,

Just following your conversation with Harry... im in a similar position, applied for my citizenship on 23rd Jan 2017 and have not heard anything from the department till today. I called them up and was told to wait for their response. Do you know if you have to be in Australia for them to give a decision? My wife and son are both australian citizens and I have to travel overseas for work, hope thats not making my decision to take long.
Hi niyam,

I'm not sure to be honest. I'm currently waiting for my approval letter and I'm not going to leave Australia until I receive it, just in case it has any effect on my application.


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Old 11-30-2017, 08:25 AM
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Hi everyone, are there any updates on your applications? There is very little info online about these kind of applications. I look forward to the day when mine gets assessed. I applied in October so it's likely to be a while.


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