Ministerial Discretion

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Ministerial Discretion


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Old 12-16-2014, 09:04 AM
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Ministerial Discretion

Dear All

RE: Ministerial Discretion # 6 for AU Citizenship

"If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia."

Situation:

- I travel for work, sometimes up to 4-5 months per year.
- Married to AU citizen for 4 years, been together for 8 years
- Tertiary degrees completed in Australia (5 years of study in Australia)
- Wife lives/works in Australia full time - home in Brisbane - suitcase everywhere else.
- Achieved PR in 2011 - traveled since then

Due to work travel, I will have no chance of ever becoming Citizen due to requirement - the citizenship date keeps being pushing forward every time I travel. (Work is non-governmental related/ private trade)

Approx Timeline:

26/11/2014: Applied for Citizenship Online (Brisbane) - to date no response.
Application included ministerial discretion letter, wife's passport, and other required identity documents.

Questions:

Has anyone successfully invoked this particular discretion?
How long did it take you? What were your circumstances?
Any advice?

Will keep you posted. Thank you all very much


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Old 12-17-2014, 02:40 AM
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These decisions can take some time. Many of them are done by Assistant Minister Michaelia Cash. She works very hard on these things and getting through the applications at a much faster rate than her predecessors. So you just have to wait and see.

One of the problems you face working overseas like that is building up the time to qualify for citizenship. One of my clients works in Mineral Exploration for an Australian company in West Africa. Never home in Perth for more that 3 months at a time. I have talked to West Australian Immigration Director about that, and she was sympathetic, but he still as to apply for an RRV every month.

Good luck with you application.

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

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Old 12-19-2014, 12:25 AM
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Thanks for the reply.

Do you mean applying for RRV every year?

When did you lodge his Citizenship application, and how far along is it?

Do they see the difference if someone lives away for 9 months v 4-6 months? There is a difference, however, if we all do not meet the residence requirement does this mean are all grouped the same regardless of time spent in Australia?

Thanks and would appreciate any other feedback or experiences.


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Old 12-19-2014, 01:19 AM
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Yes I did mean every 12 months.

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

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