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-   -   Citizenship question (https://britishexpats.com/forum/australia-54/citizenship-question-600358/)

mchelen Mar 28th 2009 7:25 am

Citizenship question
 
I wonder if anyone can help me with finding out when i am eligible to apply for citizenship? According to the website calculator, i'm not. I will probably do some ringing up next week but thought i'd put the question out there anyway...

I first came to Oz on a WHV in August 2005, then was on sponsorship visa til Jan 2007, then turned it into a tourist visa until April 2007 when I left for the UK whilst I was applying for PR visa. This was granted May 2007 and I returned to Oz July 2007. So my PR visa wasn't activated until after the new laws came in. So when I use the calculator on the citizenship site it says I have to wait the full 4 years from then before applying. But this is what it actually says...

"People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:

•12 months as a permanent resident
and
•absences from Australia of no more than 12 months, including no more than ninety (90) days in the 12 months before applying."

I consider myself to be coming up to the four years lawfully resident in Australia, apart from my 3 month trip back home whilst waiting for my PR visa. Does my 3 months away cancel out the time I spent in Oz beforehand? It was two years ago.

Thanks to anyone who can shed some light... I'll update if i get through on the phone next week.

H

Dorothy Mar 28th 2009 7:29 am

Re: Citizenship question
 

Originally Posted by mchelen (Post 7428002)
I wonder if anyone can help me with finding out when i am eligible to apply for citizenship? According to the website calculator, i'm not. I will probably do some ringing up next week but thought i'd put the question out there anyway...

I first came to Oz on a WHV in August 2005, then was on sponsorship visa til Jan 2007, then turned it into a tourist visa until April 2007 when I left for the UK whilst I was applying for PR visa. This was granted May 2007 and I returned to Oz July 2007. So my PR visa wasn't activated until after the new laws came in. So when I use the calculator on the citizenship site it says I have to wait the full 4 years from then before applying. But this is what it actually says...

"People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:

•12 months as a permanent resident
and
•absences from Australia of no more than 12 months, including no more than ninety (90) days in the 12 months before applying."

I consider myself to be coming up to the four years lawfully resident in Australia, apart from my 3 month trip back home whilst waiting for my PR visa. Does my 3 months away cancel out the time I spent in Oz beforehand? It was two years ago.

Thanks to anyone who can shed some light... I'll update if i get through on the phone next week.

H

If you were here on a WHV or a tourist visa you are not considered resident. If you validated your visa in July 2007 you would be eligible in July 2010.

bcworld Mar 28th 2009 8:54 am

Re: Citizenship question
 

Originally Posted by Dorothy (Post 7428007)
If you were here on a WHV or a tourist visa you are not considered resident. If you validated your visa in July 2007 you would be eligible in July 2010.

I don't think that's correct Dorothy.....any time you spend in Australia as long as you have a visa....even a tourist visa, is considered 'lawful residence' as far as the citizenship requirement is concerned.

I applied for my citizenship 4 days after the calculator indicated I was eligible. The 4 years included 10.5 months on a WHV and at least a month on a tourist visa...it should all count.

To the OP...I think you are maybe plugging the wrong dates into the calculator. It asks what date your PR was granted but it also asks for your first lawful residence date I think (may not be the exact term).....you should enter the date you first entered Aus on your WHV - that's what I did.

Dorothy Mar 28th 2009 11:34 am

Re: Citizenship question
 

Originally Posted by bcworld (Post 7428132)
I don't think that's correct Dorothy.....any time you spend in Australia as long as you have a visa....even a tourist visa, is considered 'lawful residence' as far as the citizenship requirement is concerned.

I applied for my citizenship 4 days after the calculator indicated I was eligible. The 4 years included 10.5 months on a WHV and at least a month on a tourist visa...it should all count.

To the OP...I think you are maybe plugging the wrong dates into the calculator. It asks what date your PR was granted but it also asks for your first lawful residence date I think (may not be the exact term).....you should enter the date you first entered Aus on your WHV - that's what I did.

I was under the impression that tourist visas and WHV were not resident visas so couldn't be counted. Oh well, the OP is going to check with the citizenship office next week and they should be able to tell him.

mchelen Mar 28th 2009 12:15 pm

Re: Citizenship question
 
Ah ok, maybe i'll try that... Thanks for the reply! :thumbup:

mchelen Mar 28th 2009 12:28 pm

Re: Citizenship question
 
To the OP...I think you are maybe plugging the wrong dates into the calculator. It asks what date your PR was granted but it also asks for your first lawful residence date I think (may not be the exact term).....you should enter the date you first entered Aus on your WHV - that's what I did.[/QUOTE]

I must have been having a blonde moment, I did as you suggested and looks i can apply this year after all...

Ta again!

Wall.E Apr 4th 2009 10:14 pm

Re: Citizenship question
 

Originally Posted by bcworld (Post 7428132)
I don't think that's correct Dorothy.....any time you spend in Australia as long as you have a visa....even a tourist visa, is considered 'lawful residence' as far as the citizenship requirement is concerned.

Does is also apply for Student / Bridging Visa ??

Cheers,

Wall.E

bcworld Apr 4th 2009 10:43 pm

Re: Citizenship question
 

Originally Posted by Wall.E (Post 7452003)
Does is also apply for Student / Bridging Visa ??

Cheers,

Wall.E

It applies to ANY lawful time you spend in Australia i.e. you have a visa, and you are not in jail!


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