Citizenship - do you have to hold a visa continuously for 4 years? - Page 3

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Citizenship - do you have to hold a visa continuously for 4 years? - Page 3


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  #21 (permalink)  
Old 04-09-2019, 11:43 PM
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Quote:
Originally Posted by JandE View Post
If the person is actually treated as having been present in Australia during each period of absence, but did not have a valid visa, then surely that would be a complication. Present in Australia without a valid visa would normally result in deportation instead of citizenship.
That's the part that has always led me to believe the applicant would need to have held a visa continuously for the 4 years. Because if you were treated as being in present in Australia but you didn't hold a visa, then that means you would have been unlawfully in Australia.

Certainly it would be helpful if they made more clear wording about any requirement (or not) to hold a visa continuously as part of the residency requirement.

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Old 04-10-2019, 12:09 AM
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Quote:
Originally Posted by Maggie-May24 View Post
That's the part that has always led me to believe the applicant would need to have held a visa continuously for the 4 years. Because if you were treated as being in present in Australia but you didn't hold a visa, then that means you would have been unlawfully in Australia.

Certainly it would be helpful if they made more clear wording about any requirement (or not) to hold a visa continuously as part of the residency requirement.
The Act is worded:
"for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence."

Which is:
(1)(a) the person was present in Australia for the period of 4 years immediately before the day the person made the application;

So it not saying that a person is taken to be in Australia and on a visa. It just saying that the person is not considered absent for the specified purpose.

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Old 04-10-2019, 12:12 AM
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I have always taken it to mean you must have been in Australia for 4 years, minus the allowable absences, and you must have had a valid visa when in Australia.

Certainly in my case, although NZ citizens are a different case, I didn't have a visa when I was outside Australia. I got a new visa each time I entered Australia - and there were a lot of those as I was working FIFO in PNG on a 3/2 pattern.

One of the premises of the Citizenship changes that the current govt have been trying to get thru (and that seems pretty unlikely now) was that the 4 years had to be on a Permanent visa, not any valid visa as it is now.


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Old 04-10-2019, 12:31 AM
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Originally Posted by Yerevanits View Post
The Act is worded:
"for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence."
And as we all know, it is illegal to be present in Australia without a valid visa, hence we presume they must have held a valid visa at the time they were taken to have been present in Australia.

ie: Immigration have "taken them to have been present in Australia" as they were otherwise entitled to be in the country. Using their wording "In Australia on a valid visa for the past 4 years", on the Citizenship requirements.

It can be read differently, but some interpretations seem to have more logic, when nothing is specified to the alternative.


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Old 01-08-2020, 05:10 AM
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Please update your flag here .

Where you able to find an answer to this question? Is a four-year visa required to be held continuously? I am in a similar situation to you having spent a small amount of time outside Australia during those 4 years while waiting for my new visa, although I have spent almost 5 years in Australia in total from my first visa entry and meet all the entry criteria from the residency calculator.


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Old 01-08-2020, 05:24 AM
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Has anyone actually applied for, and been granted, Citizenship without having a valid visa for part of the four years immediately before applying for Australian citizenship.
Yes............

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Old 07-25-2020, 07:20 AM
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This thread has been extremely helpful, particularly the inputs from JandE and Maggie-May24. I found the answer I was looking for. My short period of absence will not affect the 4 year residency calculator.

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Old 07-26-2020, 03:41 AM
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Originally Posted by jeanros View Post
This thread has been extremely helpful, particularly the inputs from JandE and Maggie-May24. I found the answer I was looking for. My short period of absence will not affect the 4 year residency calculator.
Hi Jeanros!
So you didn't have a visa for a period of time? I have been in Australia since 2013, but I left for month and half in 2018, until they gave me a new visa and I returned. It seems this shouldn't be an issue right?
I have read the citizen act, and it contradicts the immigration website. That's why I am confused


Last edited by manabeins; 07-26-2020 at 03:45 AM.

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Old 07-26-2020, 04:23 AM
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I am still confused, as it appears to say you must have been in Australia for 4 years, yet some couldn't as they didn't have a visa that allowed it.

I've seen these terms:
Being lawfully resident in Australia for 4 years immediately prior to lodgement;
And
Any adult who became a permanent resident on or after 1 July 2007 must have been lawfully residing in Australia for four years immediately before applying for Australian citizenship.

It doesn't make it very clear about periods where you were not allowed to be in Australia, during those 4 years.

The allowable absences would be assumed, by many, to be holidays or business trips whilst still having a lawful residency (visa) in Australia, whether temp or permanent.

If it is permitted to allow time without a visa, it should be more like:
Being lawfully resident in Australia for 3 out of the 4 years immediately prior to lodgement.

eg: leave Australia on 2nd Jan 2016, (visitor visa ends) then come back on a new visa from 1 Jan 2017, and apply for Citizenship 3 years later, 2nd Jan 2020. ie: 3 Years out of 4 years, with a valid visa for 3 years and 1 day.

And if so, why even bother with that 4th year, just make it 3 years for everyone.

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  #30 (permalink)  
Old 07-26-2020, 05:48 AM
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Quote:
Originally Posted by JandE View Post
I am still confused, as it appears to say you must have been in Australia for 4 years, yet some couldn't as they didn't have a visa that allowed it.

I've seen these terms:
Being lawfully resident in Australia for 4 years immediately prior to lodgement;
And
Any adult who became a permanent resident on or after 1 July 2007 must have been lawfully residing in Australia for four years immediately before applying for Australian citizenship.

It doesn't make it very clear about periods where you were not allowed to be in Australia, during those 4 years.

The allowable absences would be assumed, by many, to be holidays or business trips whilst still having a lawful residency (visa) in Australia, whether temp or permanent.

If it is permitted to allow time without a visa, it should be more like:
Being lawfully resident in Australia for 3 out of the 4 years immediately prior to lodgement.

eg: leave Australia on 2nd Jan 2016, (visitor visa ends) then come back on a new visa from 1 Jan 2017, and apply for Citizenship 3 years later, 2nd Jan 2020. ie: 3 Years out of 4 years, with a valid visa for 3 years and 1 day.

And if so, why even bother with that 4th year, just make it 3 years for everyone.
I read the Citizenship Act of 2007. The act is very clear in the point 22:


"Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:

(a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and

(b) the person was not present in Australia as an unlawful non‑citizen at any time during that 4 year period; and

(c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application."

It even follows:
"(1A) If:

(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 12 months;

then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence."

So as you can see it doesn't say anything about having a visa at all when you are absent. It only says you need to be lawful while living in Australia.

And it is not 3 years duration, it needs to be 4 years since you arrived the first time, and during that time you can leave up to 13 months in the first 3 years, and 90 days in the last year with PR.

In my personal opinion, it seems that it doesn't matter if you didn't have a visa overseas from what I have read. But I am still waiting for confirmation from someone, or I would have to pay an immigration lawyer to check.


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