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, 10:43 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 04-09-2019, 11:09 PM
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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 04-09-2019, 11:12 PM
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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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  #24 (permalink)  
Old 04-09-2019, 11:31 PM
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Quote:
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, 04:10 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, 04:24 AM
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Quote:
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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