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

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


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Old 04-08-2019, 05:11 AM
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Citizenship - do you have to hold a visa continuously for 4 years?

My partner's initial arrival in Australia was on a single entry visa that expired on departure and then came two other times on single entry visas before being granted a spouse visa and migrating permanently.

Will the arrival on the single entry visa be the start date for "lawful residence date", or is there a requirement to hold a visa continuously for the four years?

From our perspective we were living together permanently in Australia from the first arrival on the single entry visa and despite time spent overseas, these were temporary arrangements whilst awaiting the spouse visa.

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Old 04-08-2019, 05:18 AM
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At the time you apply you must have been:

living in Australia on a valid visa for the past 4 years.

It is not entirely clear if "for the past few years" means the continuous 4 year period before the application date.

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Last edited by CCMS; 04-08-2019 at 11:24 PM.

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Old 04-08-2019, 05:48 AM
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Quote:
Originally Posted by Yerevanits View Post

Will the arrival on the single entry visa be the start date for "lawful residence date", or is there a requirement to hold a visa continuously for the four years?
Yes it will, provided the other criteria for residence are also met.

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Old 04-08-2019, 06:09 AM
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Quote:
Originally Posted by paulhand View Post
Yes it will, provided the other criteria for residence are also met.
So the circumstance goes something like this

Month 0 - arrive on single entry tourist visa depart 1 month later
Month 1 to 3 - No visa
Month 4 - arrive single entry visa depart 1 month later
Month 5 to 6 - No visa
Month 7 - arrive provisional partner visa
Month 24 - granted permanent partner visa

So given this scenario, what is the "lawful residence date" - Month 0 or Month 7?

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Old 04-08-2019, 06:41 AM
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Quote:
Originally Posted by Yerevanits View Post
So the circumstance goes something like this

Month 0 - arrive on single entry tourist visa depart 1 month later
Month 1 to 3 - No visa
Month 4 - arrive single entry visa depart 1 month later
Month 5 to 6 - No visa
Month 7 - arrive provisional partner visa
Month 24 - granted permanent partner visa

So given this scenario, what is the "lawful residence date" - Month 0 or Month 7?
Month 0, provided that the person was not unlawfully present in Australia when they did not hold a visa.

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Old 04-08-2019, 06:42 AM
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Quote:
Originally Posted by Yerevanits View Post
So the circumstance goes something like this

Month 0 - arrive on single entry tourist visa depart 1 month later
Month 1 to 3 - No visa
Month 4 - arrive single entry visa depart 1 month later
Month 5 to 6 - No visa
Month 7 - arrive provisional partner visa
Month 24 - granted permanent partner visa

So given this scenario, what is the "lawful residence date" - Month 0 or Month 7?
the answer is 7, the other months are not continuous.

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Old 04-08-2019, 08:25 AM
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Quote:
Originally Posted by Yerevanits View Post
So the circumstance goes something like this

Month 0 - arrive on single entry tourist visa depart 1 month later
Month 1 to 3 - No visa
Month 4 - arrive single entry visa depart 1 month later
Month 5 to 6 - No visa
Month 7 - arrive provisional partner visa
Month 24 - granted permanent partner visa

So given this scenario, what is the "lawful residence date" - Month 0 or Month 7?
The Citizenship application states "a valid Australian visa for 4 years immediately before applying".

I was told it needed to be continuous when I asked. I would expect it to be from month 7, the beginning of the current continuous visa situation.

If not, it changes everything for many people.

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Old 04-08-2019, 10:56 PM
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I always understood it to be month 7 since they couldn't have been considered living lawfully in Australia if they didn't hold a visa.

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Old 04-08-2019, 11:23 PM
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To meet the general residence requirement a person is required to have been lawfully present in Australia for a period of four years immediately prior to making their application, including the last 12 months as a permanent resident.

All periods of lawful residence in Australia, such as temporary visas, visitor visas, student visas, all classes of bridging visas etc., are taken into account when calculating the four year lawful residence period


The above description seems to suggest that the four years do not have to be continuous.

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Old 04-09-2019, 01:14 AM
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As per Residence Calculator https://immi.homeaffairs.gov.au/help...nce-calculator

Quote:
Lawful residence date
You need to know the date your 'lawful residence' started, that is, you first started living in Australia on a valid visa.

For example, you might have arrived in Australia on 1 June 2012 holding a temporary visa. Then on 4 September 2016, we granted you a permanent visa. So, your lawful residence date is 1 June 2012 and your permanent residence date is 4 September 2016.


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