Citizenship Residency Requirement - Short trips abroad
Jul 22nd 2008, 12:59 am
#31
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Joined: Apr 2004
Posts: 34,649
Re: Citizenship Residency Requirement - Short trips abroad
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.
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.
Normally it would be recommended to wait the extra time and apply at that point. However, if waiting means you cannot apply under the 2 year rule in June 2010, then it may be worth a shot.
I hope you are not relying on the citizenship helpline for advice.
Jul 22nd 2008, 1:05 am
#32
Oiiii.. You slaggg!
Joined: Feb 2004
Location: Brisbaneshire
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Re: Citizenship Residency Requirement - Short trips abroad
Originally Posted by JAJ;6596273I
hope you are not relying on the citizenship helpline for advice.
Jul 22nd 2008, 1:28 am
#33
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Location: Hampton, Victoria
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Re: Citizenship Residency Requirement - Short trips abroad
At the end of the two year period I will have spent a total of 6-8 weeks outside Australia over many business trips, I was told that I had a choice to go on these. End of story.
If you mean DIAC, then who else are we supposed to get advice from ? Surely the source is always the definitive answer as with the ATO ?
Al
Jul 22nd 2008, 1:47 am
#34
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Posts: 34,649
Re: Citizenship Residency Requirement - Short trips abroad
The advice they gave me was that you had to have a cast iron excuse and the only one they currently accepted was military services overseas.
At the end of the two year period I will have spent a total of 6-8 weeks outside Australia over many business trips, I was told that I had a choice to go on these. End of story.
If you mean DIAC, then who else are we supposed to get advice from ? Surely the source is always the definitive answer as with the ATO ?
Al
At the end of the two year period I will have spent a total of 6-8 weeks outside Australia over many business trips, I was told that I had a choice to go on these. End of story.
If you mean DIAC, then who else are we supposed to get advice from ? Surely the source is always the definitive answer as with the ATO ?
Al
Interesting question. I would always recommend reading the policy notes rather than speaking to the helpline.
http://www.citizenship.gov.au/law-and-policy/policy.htm
On looking more deeply into this, it appears that although they have extended the old 2 year residence requirement until June 2010, they have not extended the former policy on absences from Australia.
Which means that as a general rule, time outside Australia, even on business trips, may not be acceptable unless it's in the public service. There are separate exceptions for spouses and interdependent partners of Australian citizens.
Interestingly, under the 4 year rule this is not so important, because they allow absences up to around 25% of the time without stopping or resetting the clock.
But it definitely may be an issue for those applying under the 2 year rule. That said, the policy is not as definitive as it could be and it might be worth getting advice from an immigration lawyer (not agent) as to whether a refusal would be supported by the AAT.
Jul 22nd 2008, 2:18 am
#35
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Location: Hampton, Victoria
Posts: 1,381
Re: Citizenship Residency Requirement - Short trips abroad
Thanks for clearing that up mate 
Jul 22nd 2008, 8:00 am
#36
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Location: Heading West..
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Re: Citizenship Residency Requirement - Short trips abroad
AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 35
Service in armed forces of enemy country (1) A person ceases to be an Australian citizen if the person:
(a) is a national or citizen of a foreign country; and
(b) serves in the armed forces of a country at war with Australia.
(2) The person ceases to be an Australian citizen at the time the person commences to so serve.
Is actually what it goes on to say
