madankumars

Hi

I got my permanent residency before July 1 2007, and got it validated as well.


I got my aussie job just recently and have moved to Sydney on 1 June 2008.

Theoretically if I continue to stay I will be able to apply for citizenship on 2 June 2010 (29 days before the deadline of 30 June 2010).

But my job requires me to make short trips abroad (less than a week), and I am afraid the total short trips spent abroad will add up to more than 29 days eventually....

what would happen in this case? the truth is I have established my house and family in australia... will taking short trips abroad due to work reasons make me ineligible?


I have been refusing to go abroad but I dont know if I can keep refusing without causing damage to my career...

JAJ

If the trips are for business purposes, and you have a supporting letter from employer, you might be ok but the application would (at least) likely take a lot longer than usual to process. Impossible to say for sure whether they would accept it or refuse you, but you do have an appeal right to the AAT if refused.

Is your spouse also going to be applying for citizenship?

madankumars

Thank you for your reply.

My wife got her provisional spouse visa only in April 2008 (just before we moved), so I don't think she will be eligible for applying for citizenship by June 2010.

Is there a possibility of me going to DIAC beforehand, explaining my situation, and requesting an excemption ... rather than after ?

Centurion

Just think aloud here but whilst I understand your desire to get citizenship sooner rather than later, would it really make any difference to travel as your employer wants, accept that you probably wont be eligible and just obtain it the two years after ?

I know its nice to have, but is there any practical reason why its necessary as you would still be a resident and still live here in the interim ?

JAJ

No chance.

All you can do is apply at the time with supporting letter from employer and be prepared to go to the AAT if refused.

I would point out that it might have been a good idea to arrive in Australia sooner if this was so important.

Rosscarbery

Is it a really big deal for you if you have to wait 5 years for citizenship rather than 2? I don't think I'd risk pissing off my employer if I were you - presumably the business trips were part of the deal when you got the job (reasonable travel is often written into employment contracts and you do risk being in breach of your contract if you continually refuse).

DunRoaminTheUK

Did you move to Australia permanently in June 2008?

I thought that the clock started ticking from the point that a person moves to Australia permanently and not merely from the date that they validated the visa?

Have I missed something here?

If you moved to Australia in June 2008 then I am pretty sure that you are not eligible for citizenship before you've done the 4 years?

comet555

The OP validated before July 1, 2007 so they can still get citizenship under the old 2 year rule. But... the catch is that they have to clock up their two years by June 20th, 2010. Hence, the concern about business trip abroad taking time away from the two years.

Chalkface

What is the benefit of citizenship over plain old Permanent residency ??

Is it voting, 'feeling' more Aussie, child benefits etc??

I should know this really !!

DunRoaminTheUK

Well, after your visa runs out that's one problem there already.

comet555

http://britishexpats.com/forum/showt...of+citizenship

Post #22 has a good list.

Basically with citizenship you can,
-vote (must vote really)
-apply for certain government jobs where citizenship is required
-have easier travel since you will have aussie passports and wouldn't have to apply for a resident return visa once your PR visa expires.
-can choose to live overseas and not lose your right to return to Australia when you want
-little or no risk of being deported should you commit a terrible crime.

Chalkface

We are only newbies in Oz - since Xmas 07 .

PR visa says 'entitled to stay in Oz indefinatley' on a 136 visa...

Does PR 'run out' ??!!

comet555

Technically speaking yes and no!

Your 136 visa will expire but you are allowed to stay in Oz indefinitely. This means 3-4 or so years down the road your visa will expire. When this happens you can continue living here for as long as you want, but if you want to leave the country for any reason you would need to ger a resident return visa. This should be no problem if you are living her and have ties here.

But everytime you want to travel overseas you would need to get one of these. Unless of course you get citizenship when you are eligible and travel on your aussie passport (no need for visas anymore).

Centurion

See the other posts above and in addition :

Immigration laws can change. You could be deported if you commit a crime involuntarily or unknowingly for example. And you'll be paying for a residents return visa if you ever want to leave and re-enter the country when your visa expires (5 years from issue).

Pollyana

Just to add to that, a Resident Return Visa is generally valid for 5 years.

http://www.immi.gov.au/allforms/pdf/968i.pdf