Australian Citizenship eligibility?

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Australian Citizenship eligibility?


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Old 11-19-2014, 11:48 AM
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Australian Citizenship eligibility?

Hi Guys!

Just a quick question about the Australian citizenship eligibility which has been annoying me lately!

Which information is valid? Both sources of information have been sourced from the immi website.
  • 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.

Or
  • 4 years lawful residence in Australia. This period must include 12 months as a permanent resident immediately before making an application for Australian citizenship
  • and absences from Australia of no more than 12 months in total in the 4 years prior to application, including not more than 90 days in the 12 months immediately prior to application.

Lawful resident only applies to temporary and permanent visa holders whilst Valid Australian visa i assume is any substantive visa - inc bridging, student etc?

Any answers would be much appreciated!

Thanks!


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Old 11-19-2014, 12:11 PM
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Lawful is any type of Australian visa. All bridging visa's mean you are lawful however if you have held a BVE it would mean you were unlawful at some point.

Being unlawful means that anytime prior to you becoming lawful again doesn't count towards citizenship.

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Last edited by Mish; 11-19-2014 at 12:16 PM.

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Old 11-19-2014, 08:04 PM
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They're both correct. As long as you've been in Australia on a valid visa, then you've been lawfully resident.

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Old 11-19-2014, 08:25 PM
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Thank you so much for your answers! That clears up a lot of confusion!

My partner has been in the country for almost 10 years now on a student visa and just got his pr (yay!). So we wanted to know if the years on his student visa was considered as valid for lawful resident in order to then apply for citizenship in 12 months.

Immi originally stated that valid resident was only applicable to temporary and pr holders.

We're hoping to travel to his home country to work with his mum and bring the business to Australia. We think a year over there is enough. What's your opinion for special consideration on this?
would our plight for australian citizenship still be valid if he traveled with an Australian citizen ?

I appreciate the answers so far

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Old 11-20-2014, 02:57 AM
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I wouldn't do it. Don't take more than brief holidays over the next year (depending on how much he's been out of the country over the last three years). As the item you pasted above says, he can't be out of the country for more than 12 months total in the four years before he applies, and no more than three months the year before he applies (so in the next year, for you guys).

You can technically apply for ministerial intervention for your citizenship application if you are traveling with an Aussie spouse, but the current administration is less than accommodating in that regard and I've never seen someone come back on this forum who was trying this and say "my request for ministerial intervention was approved." I wouldn't chance it when he's so close to citizenship.

A student visa IS a temporary visa by the way. I think that's where some of your confusion is coming from.

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Old 11-20-2014, 08:08 AM
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That's some very good points.

We definitely wouldn't want to taint his citizenship process.

Thank you so much for the advice!


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Old 11-20-2014, 09:12 PM
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I agree with CG.

I have just obtained my AU Citizenship (in Oct) and you have been here for so long that I would get your citizenship before you go.. or you risk complications.

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Old 11-20-2014, 11:00 PM
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Very true! Congrats on the Australian Citizenship

He received his PR on the 30th of Oct so our new plan is to maybe go somewhere overseas in January for a week then head to his home in Mauritius in October 2015 for under 2.5 months. Then when we come back we will apply for Aus citizenship in January/Feb!

By the time he comes back he should be exactly 1 year on his PR.

This will be well under the 12 months abroad and 90 days in the last year of application.

So excited!

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Old 11-20-2014, 11:05 PM
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great idea! best of luck and thank you for the congrats


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