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Citizenship requirements for already validated but moved back to tie up loose ends

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Old Jan 18th 2007, 1:58 pm
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Default Citizenship requirements for already validated but moved back to tie up loose ends

Ive asked this a few times on here and no one seemed to be in or know what the situation was for "ive already validated and stayed in the uk and not gone straight away brigade.

I validated 2 years ago and i am moving in August this year after the proposed changesof July 1st 2007 to make the 2 years in to 4 for citizenship. I asked dimia if this would affect me as id already got a visa and had already validated. I asked Whether permanent resident meant that i had to be in the country or not.
Here is thier answer.


Dear Client,

Thank you for your enquiry.

The new laws are not retroactive, so it will not apply to applicants who were granted their permanent residency prior to the changes. You have already been granted permanent residency, and your visa is a valid visa since you activated it before the initial entry date.

http://www.citizenship.gov.au/law-and-policy/legislation/changes200406-announce.htm

We hope this information has been of assistance.

Yours sincerely


London Contact Centre
Migration Branch
Australian High Commission
Strand London WC2B 4LA


hope this helps the few stuck here selling houses etc

Last edited by alkristensen; Jan 18th 2007 at 2:00 pm.
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Old Jan 18th 2007, 2:23 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by alkristensen
Ive asked this a few times on here and no one seemed to be in or know what the situation was for "ive already validated and stayed in the uk and not gone straight away brigade.

I validated 2 years ago and i am moving in August this year after the proposed changesof July 1st 2007 to make the 2 years in to 4 for citizenship. I asked dimia if this would affect me as id already got a visa and had already validated. I asked Whether permanent resident meant that i had to be in the country or not.
Here is thier answer.


Dear Client,

Thank you for your enquiry.

The new laws are not retroactive, so it will not apply to applicants who were granted their permanent residency prior to the changes. You have already been granted permanent residency, and your visa is a valid visa since you activated it before the initial entry date.

http://www.citizenship.gov.au/law-and-policy/legislation/changes200406-announce.htm

We hope this information has been of assistance.

Yours sincerely


London Contact Centre
Migration Branch
Australian High Commission
Strand London WC2B 4LA


hope this helps the few stuck here selling houses etc
your next problem will be, now you have validated, when you actually emigrate you won't be allowed the full 40kg each.
Probably only 20kg or at the most 30kg.
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Old Jan 18th 2007, 3:00 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

i only came over with 13kg!
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Old Jan 18th 2007, 4:28 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by brisnick
i only came over with 13kg!

We did a bit better than you, we had 95kg for 4 of us. Plus we didn't ship anything seperately (20kg of that were my daughter teddy bears )
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Old Jan 18th 2007, 4:32 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by Wendy
We did a bit better than you, we had 95kg for 4 of us. Plus we didn't ship anything seperately (20kg of that were my daughter teddy bears )
We were given 32kg each after alot of begging. We also validated first then went back to UK. Not knowing that it would lower the allowance next time round.
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Old Jan 18th 2007, 4:35 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by paulrachel
We were given 32kg each after alot of begging. We also validated first then went back to UK. Not knowing that it would lower the allowance next time round.

Yeah, it is a pretty raw deal I must say.
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Old Jan 19th 2007, 11:30 am
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by paulrachel
your next problem will be, now you have validated, when you actually emigrate you won't be allowed the full 40kg each.
Probably only 20kg or at the most 30kg.

im on to singapore at the mo. They have emailed me that if i have an UNUSED migrant visa then ill be ok. So i have emailed them back to ask whether i still qualify as technically i only went to validate and not to migrate as i didnt have the 40kgs the first time. Ill post their response.

how do they know ive validated at check in, there is no stamp on the visa and im getting them to answer me so i can print it out and take it to the check in as proof.

al

Last edited by alkristensen; Jan 19th 2007 at 11:33 am.
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Old Jan 19th 2007, 12:50 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by alkristensen
Dear Client,

Thank you for your enquiry.

The new laws are not retroactive, so it will not apply to applicants who were granted their permanent residency prior to the changes. You have already been granted permanent residency, and your visa is a valid visa since you activated it before the initial entry date.
An "unvalidated" visa is also a valid visa. It only ceases to exist if it is cancelled or expires.

The first entry date is a condition on the visa, not a requirement for the visa to be valid in the first place.

But until DIMA issue their own interpretation, this argument could be heading for the courts.
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Old Jan 19th 2007, 3:58 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by paulrachel
We were given 32kg each after alot of begging. We also validated first then went back to UK. Not knowing that it would lower the allowance next time round.
I came with 64 kg... Excellent. There was room for the Xbox after all...

S
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Old Jan 19th 2007, 4:05 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by Swerv-o
I came with 64 kg... Excellent. There was room for the Xbox after all...

S
Did you fly with an American airline?
We were told that if we flew to OZ via USA we would be allowed 64kg too.
But it was going to take forever to get here via USA so we went the other way round.
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Old Jan 19th 2007, 4:23 pm
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Default Re: Citizenship requirements for already validated but moved back to tie up loose end

Originally Posted by paulrachel
Did you fly with an American airline?
We were told that if we flew to OZ via USA we would be allowed 64kg too.
But it was going to take forever to get here via USA so we went the other way round.
Yes, flew with United.

The long stopover in LA can be a pain, but if you fly via SF, then it's much more bearable - only 5 hours. I think the whole trip that way was 23 hours.

Absolutely worth it for the extra 24 kg of baggage I brought with me. It meant I didn't have to ship anything over.

S
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