henco_en_mexico

Does anyone have any experiences to share about a spouse of an Australian citizen applying for citizenship with ministerial discretion (s22.9 of the immigration act)?

Is it as straightforward as all time spent overseas with your Australian spouse can count as time in Australia for meeting the residence requirement? Does any have insight into DIACs unpublished policy guidelines about how to process these applications?

One solicitor I spoke to said this would only be approved if you had spent at least 1 year in Australia as a permanent resident (meaning the other 3 years could be outside Australia). Another said this discretion was aimed towards spouses who just missed out by having spent >90 but <180 days outside of Australia in the year before applying. Others didn't have direct experience with s22.9, but were willing to help file an application.

My specific situation is that I lived in Australia on temporary visas (457) between Jan 2007 and Feb 2011. My PR application was granted in March 2011, while I was outside Australia. I entered Australia, in June 2011 to validate my visa, but only for a few days. I've been outside Australia since.

I did see quite a few posts about people wanting to use s22.9, but didn't see any posting from people who have successfully (or unsuccessfully) proceeded with this option.

Pollyana

I would suggest speaking to a MARA reigistered agent with experience of citizenship issues, not a solicitor.

henco_en_mexico

Yes - the solicitors I spoke to were MARA registered.

Can you suggest a few agents that might have experience in this area? Cold calling them from google search has yielded mixed results.

JAJ

Very few agents/lawyers have experience in citizenship. There is not much demand for services, 99+% of people do their own citizenship applications.

I'd start by reading the Australian Citizenship Instructions as they apply to your situation and see if you can make a good case:
http://www.citizenship.gov.au/learn/law-and-policy/

You could try George Lombard in Sydney (search forum for contact details) - he may not have experience in this specific area but if you retain his services, he could probably work through the Instructions with you and present your case as best as possible. IF you qualify in the first place.

henco_en_mexico

I must admit I missed the policy section on the website. I thought it was interesting the policy didn't mention reasons for being overseas as a factor for 22(9), where as the 1300t application form lists it as a pre-requisite for an application under 22(9).

It reveals this paragraph:

Would you have any idea how the weights are applied? I don't meet the "including at least 90 days as a permanent resident" requirement, but have lived in Australia >365 days in the previous 4 years and have evidence of other close and continuing ties.

I'd be interested in hearing whether people think this would be an immediate denial or close enough to roll the dice with.

us-aspirant

I called Australian Citizenship Hotline.

If you are a "permanent" resident and spouse of Australian Citizen and living together then you can apply for Australian Citizenship from overseas.

Then she said that usually spouse of Australian Citizen is good enough for close and continuining relation as long as you can provide why you are residing overseas. E.g. overseas job proofs etc. and also prove your close relationship with each other ..

Then she said, the more connections, the merrier.

But she also added, they cannot guarantee if she will 100% get it. Only officer at the time of application can make a decision looking at individual circumstances.

I asked her again if applying from overseas disqualifies here and she said no. that is not the case. If she is eligible to the officer, she will get it from overseas.

This kind of statements create doubts even if only 1-2% . This is actually creating lots of confusion for us.

I suggest to call them and discuss your situation.

Can you please share the old thread of similar circumstance ??

Good luck .

Pollyana

The problem with the DIAC call centre is that their staff can only deal with general queries - they aren't trained in all the ins and outs, only the actual case management staff can give you a definitive answer on an application. Evidence on here from people - including myself - who have tried to get specific answers from them shows that they don't have the depth of knowledge to answer the more unusual questions.

us-aspirant

While i understand that only the case officer can have the best knowledge.

But for us, it is so much confusing

1) If my wife can get citizenship from overseas (and most likely she can) then we can go together with peace of mind.

2) If she can't then we have to decide whether to take the opportunity of the new E3 job or not . or I should go alone and she joins me back next year (this is the worst route i would like to take, to be honest).

Instead of "most likely" or she "may" qualify, we would be more than happy to get either yes or even no ..

rammygirl

us-aspirant does your wife not have a partner visa to enter oz?

us-aspirant

Hello rammygirl,

My wife has Partner Permanent Visa (Subclass 100). She will be able to enter Oz for sure. Not worried about that. But we would prefer to get her citizenship asap.

You can get more BG info for us in this similar thread.
http://britishexpats.com/forum/showthread.php?t=764347

rammygirl

Just wondered why in point 2 above you indicated she couldn't join you.

us-aspirant

I meant to start working on e3 now and she will join me in US next year once she serves her 4 year period in Oz and become citizen. We just don't like this route at all ..

We are very hopeful from what we have read that she should be able to get Aus citizenship from US.

Dorothy

Unfortunately there is nobody who can give you this. Not even a case officer.

rammygirl

Oh I see, sorry I get it now!. Surely if she has been in Oz for a few years already the chances are pretty good.

As suggested maybe George Lombard could help.

henco_en_mexico

I think that planning your life around obtaining Australian Citizenship is silly. I don't know the exact circumstances, but it could take ~6months to get citizenship, after your partner become eligible.

I'm sure you'll be posting questions on how to expedite the process, once your partner is eligible.

There's also the small matter of your wife applying for citizenship from a partner visa (subclass 100), while you've been living overseas. What if DIAC decide (I don't know the specific rules around this) that your partner is no longer eligible for a subclass 100 visa, because you've moved overseas? What if they conclude you don't have a legitimate marriage? What happens to her citizenship options then?

I sense some urgency in the quest for Australian Citizenship for your partner. What is this urgency? Do you want to vote in Australia? Do you want to live in Australia? Do you just want a passport for easy travel? It's probably easier to apply for visas on your wife's Indian passport than coming up with elaborate strategies spanning months and years to obtain Australian Citizenship.

I realize that I'm probably sounding a like a hypocrite, since I'm trying to do something similar, but I believe our intentions are very different.