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How and when do you become an Australian resident ?

How and when do you become an Australian resident ?

Old Oct 16th 2004, 11:02 pm
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Default How and when do you become an Australian resident ?

Hi everybody.

Does Any one Know;

At what point does someone become a resident in OZ?
Is it the date that you valdidate your Visa's?
We are thinking of going back to UK after validation, how would they know when you were going to stay for good, does it have some thing to do with the 5 years after validation?

Many thanks David and Kay
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Old Oct 16th 2004, 11:19 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by kaydave
Hi everybody.

Does Any one Know;

At what point does someone become a resident in OZ?
Is it the date that you valdidate your Visa's?
We are thinking of going back to UK after validation, how would they know when you were going to stay for good, does it have some thing to do with the 5 years after validation?

Many thanks David and Kay
You become a permanent resident when you validate. All entries and exits are marked on DIMIA's computer systems so they will now your actual residency in Oz is regards to obtaining citizenship or an RRV if you want to travel after the expiry of your current visa.

To avoid hassle settle in Oz when you have over 2 years left on your migrant visa so you can gain the necesary residence for an RRV or citizenship. When your migrant visa runs out you can stay in Australia however you must apply for an RRV if you want to go overseas and return. There have been many a case where PR holder has not built up enough residence and lost their PR when returning from overseas.

Residency for tax, social security etc are a different matter but will leave that for others to discuss.
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Old Oct 16th 2004, 11:21 pm
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Default Re: How and when do you become an Australian resident ?

When you enter Australia before the initial validation trip, the visa is then valid for 4-5 years (see the expired date on your visa). During this 5 year stage you can enter and leave australia as you like (not sure why you want to live Australia) . After the 5 year expired date you can no longer enter australia on the visa unless you apply for the premanent return visa (not sure on the correct name). However if you have already entered Australia before the visa expired then you basically can stay in Oz forever..........

After living in Australia for 2 years as a permanent resident you can apply for Australian citizenship, however you must have not left Australia for 2 years since the days are counted.

You are a permanent resident once you enter Australia on your PR Visa.


Originally Posted by kaydave
Hi everybody.

Does Any one Know;

At what point does someone become a resident in OZ?
Is it the date that you valdidate your Visa's?
We are thinking of going back to UK after validation, how would they know when you were going to stay for good, does it have some thing to do with the 5 years after validation?

Many thanks David and Kay
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Old Oct 17th 2004, 12:12 am
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Default Re: How and when do you become an Australian resident ?

Originally Posted by rapitts
After living in Australia for 2 years as a permanent resident you can apply for Australian citizenship, however you must have not left Australia for 2 years since the days are counted.
This is a very common perception - and totally untrue.

For citizenship you need to have been present in Australia as a permanent resident for 730 days in the 5 years preceding your application _including_ 365 days in the 2 years preceding your application.

As long as the total day-count is met, the time does _not_ have to be continuous.

http://www.citizenship.gov.au

Of course if the re-entry facility on your visa has expired and you travel without a Resident Return Visa, you'll likely lose your permanent residence, but that's to do with the Migration Act, not the Citizenship Act.

Jeremy
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Old Oct 17th 2004, 1:12 am
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Default Re: How and when do you become an Australian resident ?

Originally Posted by JAJ
This is a very common perception - and totally untrue.

For citizenship you need to have been present in Australia as a permanent resident for 730 days in the 5 years preceding your application _including_ 365 days in the 2 years preceding your application.

As long as the total day-count is met, the time does _not_ have to be continuous.
Real pain in the neck if you are on a spouse visa - by the time I get my PR I shall have already been here 2 and a half years, but it doesn't count, So the earliest I can get citizenship will be February 2011!!!
Jeremy, someone (possibly you) thought there were moves to reviews this - heard any more lately?
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Old Oct 17th 2004, 9:57 am
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Default Re: How and when do you become an Australian resident ?

Originally Posted by bondipom
You become a permanent resident when you validate. All entries and exits are marked on DIMIA's computer systems so they will now your actual residency in Oz is regards to obtaining citizenship or an RRV if you want to travel after the expiry of your current visa.

To avoid hassle settle in Oz when you have over 2 years left on your migrant visa so you can gain the necesary residence for an RRV or citizenship. When your migrant visa runs out you can stay in Australia however you must apply for an RRV if you want to go overseas and return. There have been many a case where PR holder has not built up enough residence and lost their PR when returning from overseas.

Residency for tax, social security etc are a different matter but will leave that for others to discuss.

Thanks for the replies, hope some one will be able to share their knowledge on Residency for tax, social security etc.
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Old Oct 17th 2004, 11:09 am
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Default Re: How and when do you become an Australian resident ?

Originally Posted by Pollyana
Real pain in the neck if you are on a spouse visa - by the time I get my PR I shall have already been here 2 and a half years, but it doesn't count, So the earliest I can get citizenship will be February 2011!!!
Jeremy, someone (possibly you) thought there were moves to reviews this - heard any more lately?
Pollyana

There have been proposals to try to change some of the citizenship rules for certain people (e.g. spouse visa holders), but nothing has been decided just yet.

I'm curious - why Feb 2011? That's more than 7 years away...

Peter
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Old Oct 17th 2004, 1:04 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by ptlabs
Pollyana

There have been proposals to try to change some of the citizenship rules for certain people (e.g. spouse visa holders), but nothing has been decided just yet.

I'm curious - why Feb 2011? That's more than 7 years away...

Peter
I'm on my temp spouse visa now, having upgraded from Pros Spouse with a date of application in mid Feb 2004, so I should get PR mid Feb 2006? Then I have to spend 730 days within the 5 years after that in Aus, (not difficult, as I live here!). which takes me to 2011. THEN I can apply for citizenship? A change in the rules would be much appreciated!!
Am I right? If I'm wrong, I apologise, but its been a stressful couple of days!
How are things with you???
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Old Oct 17th 2004, 1:58 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by Pollyana
I'm on my temp spouse visa now, having upgraded from Pros Spouse with a date of application in mid Feb 2004, so I should get PR mid Feb 2006? Then I have to spend 730 days within the 5 years after that in Aus, (not difficult, as I live here!). which takes me to 2011. THEN I can apply for citizenship? A change in the rules would be much appreciated!!
Am I right? If I'm wrong, I apologise, but its been a stressful couple of days!
How are things with you???
Assuming you do not leave the country for long periods of time you should be able to do your 730 days by Feb/March 2008.

Regards
Alistair
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Old Oct 17th 2004, 2:05 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by kirsty&al
Assuming you do not leave the country for long periods of time you should be able to do your 730 days by Feb/March 2008.

Regards
Alistair
OK, maybe I'm just reading it wrong - JAJ says - "For citizenship you need to have been present in Australia as a permanent resident for 730 days in the 5 years preceding your application _including_ 365 days in the 2 years preceding your application."
Which I took to mean I had to have PR for 5 years, before I could apply, and then they check I have the 730 days within those 5 years. Remember cos its a spouse visa, time on the temp visa doesn't count, only the PR time- and I won't get PR till Feb 2006 (and I have to stay married which could be difficult the way The Bloke is snoring at present!!!! )
I certainly prefer your version Alistair! Hope you are right!!
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Old Oct 17th 2004, 2:55 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by Pollyana
OK, maybe I'm just reading it wrong - JAJ says - "For citizenship you need to have been present in Australia as a permanent resident for 730 days in the 5 years preceding your application _including_ 365 days in the 2 years preceding your application."
Which I took to mean I had to have PR for 5 years, before I could apply, and then they check I have the 730 days within those 5 years. Remember cos its a spouse visa, time on the temp visa doesn't count, only the PR time- and I won't get PR till Feb 2006


Polly
You've completely misinterpreted what I wrote.
Nowhere did I say they expect you to have PR for 5 years.

Two years residence as a PR is good enough - the point about the 5 years is relevant to people who have had PR in the past, DIMIA will generally not look back longer than that period to credit past residence.

The Government's reforms next year may cut down the period you have to spend as a PR in a case like yours. You'll have to wait and see, in the meantime as someone else has posted if you get PR in early 2006 you can aim for citizenship two years later.

Jeremy
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Old Oct 17th 2004, 4:21 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by JAJ
Polly
You've completely misinterpreted what I wrote.
Nowhere did I say they expect you to have PR for 5 years.

Two years residence as a PR is good enough - the point about the 5 years is relevant to people who have had PR in the past, DIMIA will generally not look back longer than that period to credit past residence.

The Government's reforms next year may cut down the period you have to spend as a PR in a case like yours. You'll have to wait and see, in the meantime as someone else has posted if you get PR in early 2006 you can aim for citizenship two years later.

Jeremy
Thanks for the replies, hope some one will be able to share their knowledge on Residency for tax, social security etc.
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Old Oct 17th 2004, 4:26 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by kaydave
Thanks for the replies, hope some one will be able to share their knowledge on Residency for tax, social security etc.
Residency for tax and social security purposes is not the same as permanent residence for immigration purposes.

Nor are these questions simple - you may need professional advice tailored to your circumstances. For an overview of the rules visit http://www.ato.gov.au and http://www.centrelink.gov.au

For example, it's quite possible to be tax resident and not a permanent resident - or vice versa.

Jeremy
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Old Oct 17th 2004, 9:26 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by JAJ
Polly
You've completely misinterpreted what I wrote.
Nowhere did I say they expect you to have PR for 5 years.

Two years residence as a PR is good enough - the point about the 5 years is relevant to people who have had PR in the past, DIMIA will generally not look back longer than that period to credit past residence.

The Government's reforms next year may cut down the period you have to spend as a PR in a case like yours. You'll have to wait and see, in the meantime as someone else has posted if you get PR in early 2006 you can aim for citizenship two years later.

Jeremy

Apologies Jeremy; I've always read it that way, when posted by you and others,Still a long way offf, but not a long as I thought.
I know I'll have to wait and see, I just wondered if anyone knew any more as the subject was sidscussed a while back
Thanks for the clarification guys.
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Old Oct 19th 2004, 10:36 pm
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Default Re: How and when do you become an Australian resident ?

Originally Posted by ptlabs
Pollyana

There have been proposals to try to change some of the citizenship rules for certain people (e.g. spouse visa holders), but nothing has been decided just yet.

I'm curious - why Feb 2011? That's more than 7 years away...

Peter
I contacted the minister (Gary Hargreaves) who replied saying that the legislation should go through in 2005. When in the year I do not know and by the time the legislation is enabled I will probably be eligible.

The good news is that one intention of the legislation is to allow 1 years temp residence (on a partner visa) to count towards the 2 in 5 requirement.
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