comet555

Ahh, I didn't realize that. Makes sense though because it would be a pain to get that every single time. We plan to get citizenship so I'm not really concerned about the resident return visas, for us anyway.

Pollyana

I'm still toying with the citizenship option. Loks like we have foudn a loophole at work so I don't have to do it yet. I'll need an RRV to leave Aus from 2010, so if I feel like an Aussie by then I'll do it, otherwise its an RRV for 5 years, and then I'll have another think I know everyone has their own reasons for citizenship, personally I don't want to do it until it feels right.

ex_exile

A citizen can also be deported if they commit a crime if they are not a natural born Australian citizen (though admittidly the crime has to be pretty big)

There is also the little known (and completely untested) wording of the new citizenship act which allows for "up to" one of your 4 year quallifying period to be spent outside of Australia, hard to know how this would help a constant traveller but in theory you can validate, spend a year outside Australia then return to live in Australia for 3 years and apply and be granted citizenship.

JAJ

That is untrue.

ex_exile

No its not.

Sections 34 and 35 of the Citizenship act 2007 give various circumstance where the minister can cancel citizenship for crimes. Fraud in obtaining citizenship for example will result in its loss and presumably, if the minister has gone through the trouble of cancelling citizenship, deportation.

bcworld

Yes it is.

If you become a citizen and then commit a crime, you cannot be deported for it.

You can only be deported if it subsequently comes to light that you committed a crime, prior to becoming a citizen, and that crime would otherwise have caused your citizenship application to be rejected.

ex_exile

No its not!

There is a specific circumstance mentioned in the citizenship act where by your citizenship can be revoked for crimes commited after citizenship has been granted, maybe you should read the act!

Chalkface

OOOh Yes it is !!!!!!!

......i'll get my coat ......

bcworld

http://www.citizenship.gov.au/loss/deprive-citz.htm

"The Australian Citizenship Act 2007 allows for revocation of Australian citizenship in very limited circumstances and only for convictions for actions prior to the acquisition of citizenship."

"The Australian Government supports the notion that there should be certainty of Australian citizenship status. An Australian citizen by birth cannot have their Australian citizenship revoked. Similarly, a person conferred citizenship after fully disclosing all relevant factors is the equal of any other Australian citizen, and therefore cannot have their Australian citizenship revoked."

comet555

Seems pretty clear to me! Thanks for posting that, I was a bit confused reading both the arguements.

What about this situation though. Suppose you were convicted of murder in your home country, then you lied about it on your application and got a visa. Now in Australia you are convicted of murder for a second time only this time you have citizenship.

From what you've quoted it doesn't appear as though you could be deported for committing the second murder in Australia. But... could you be deported for having lied on your visa and committing fraud? Clearly you would not have been granted a visa or the citizenship that followed.

Just curious.

bcworld

Yup, you'll be on your way back to Canada!

I know what ex_exile is getting at but the essence of the act is very much as above. Just don't go picking the wrong side if Canada & Australia ever decide to go to war!

DunRoaminTheUK

Is this a hypothetical?

bigAPE

Damn didn't see this one... I love these kind of debates about law and regulations that are publically available or available with a phone call.


Q: Can business trips be excluded from the two year residency requirement for me to apply for citizenship.

NO. Every single day spent outside Australian Border counts against you. Even if you have evidence that it's a business trip, etc.

I have contacted DIAC twice on this topic (and about some other stuff) and on both occasions when asked they went off to check and confirmed that all trips count. You are able to appeal and put in a letter requesting that they be excluded on the grounds that it was part of your residency requirement that you work for this company and they force you to go abroad, etc but it will delay your application by several months and they will deny the request anyway.


Q: Can I be deported once I have gained Citizenship

YES. The Australian Federal Government does have the power to revoke citizenship from an individual is they are shown to be a threat to Australia.

The wording is designed to be subjective so that the Federal Government can employ this in matters of national security. For example in cases of domestic terrorism enacted by a long term nationalised immigrant.

Also, obviously if you have lied in any way on your application form, including being convicted of a previous crime or have committed a crime and not declared it prior to your citizenship being granted, then all bets are off and your gone son.

I don't know you all personally, but I think it is highly unlikely that anyone of you will ever do anything bad enough for you to be deemed a threat to national security. So in general the answer is no, it's not likely you will be deported.

Hope this helps

Al

comet555

Yes of course! All for a debate my friend

bcworld

...is what it actually says. The public interest clause is used in conjunction with the fraudulent application clause, not on its own.