New Citizenship Legislation is in the Parliament
#16
Re: New Citizenship Legislation is in the Parliament
Originally Posted by NewOZ
dont worry, all of your family are in safe side
Slater
#17
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Pollyana
Unless someone can tell me how to claim "undue hardship" by not getting citizenship, it doesn't seem to promise anything for Temp Spouse holders.
This is actually quite a complex piece of new legislation which entirely overhauls the Australian Citizenship Act 1948.
"Significant hardship or disadvantage" is defined quite narrowly at the moment but under policy - not legislation. We will need to see if there's a plan to broaden the definition. It will take a number of days even for those of us who understand this to look at this in detail and see what it says.
Jeremy
#18
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Buzzy--Bee
Yes, I have perused the documentation at length and am unclear whether NZ Special Category Visa holders can ever become AUS citizens without going through the skills process - it seems not.
Not unless covered by the transitional arrangements put in place when the law changed in 2001.
Or unless they can get PR on a family based visa, eg spouse or remaining relative.
Jeremy
#19
BE Enthusiast
Joined: Jul 2003
Location: My Place
Posts: 529
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Slater
Hi Pollyanna, my wife and 3 children go for the interview tomorrow, so fingers crossed should be OK unless they decide to commence new laws from tomorrow a.m. My 17 year old daughter has her interview on the 28th of this month as she returned to England for her old school prom and catch up with her mates for a few weeks last year! If it happens before then I am wondering if hers' would be a case of undue hardship as she will not be able to gets the HECS loan to go to Uni that she has already applied for.
I have booked my interview today for the 18th Jan, doesn't really matter to me, but if the new legislation comes in at christmas which is likely, I'll be married to Aussie citizen, my children (touch head/wood) will be citizens and I'll have to behave myself for another year so I can get citizenship
P.S. How was blighty?
Kind regards Slater
I have booked my interview today for the 18th Jan, doesn't really matter to me, but if the new legislation comes in at christmas which is likely, I'll be married to Aussie citizen, my children (touch head/wood) will be citizens and I'll have to behave myself for another year so I can get citizenship
P.S. How was blighty?
Kind regards Slater
JAJ
any idea how long it's likely to be before it gets through? I have another 20 days to hang on for, not that it matters to me as i'm going nowhere, but the out laws are applying for a non cont parent visa and we have been advised for then to hold off until we have citizenship as this will push them further up the waiting list.
Lynn
#20
Re: New Citizenship Legislation is in the Parliament
Originally Posted by JAJ
Not unless covered by the transitional arrangements put in place when the law changed in 2001.
Or unless they can get PR on a family based visa, eg spouse or remaining relative.
Jeremy
Or unless they can get PR on a family based visa, eg spouse or remaining relative.
Jeremy
Will we be affected by application for citizenship?
Steve
#21
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Timber Floor Au
Dont wanna appear stoopid, but we migrated with skills visa and got PR in july/aug 2004 entering oz sept/oct 2004
Will we be affected by application for citizenship?
Steve
Will we be affected by application for citizenship?
Steve
Jeremy
#22
Re: New Citizenship Legislation is in the Parliament
Originally Posted by lynnj
JAJ
any idea how long it's likely to be before it gets through? I have another 20 days to hang on for, not that it matters to me as i'm going nowhere, but the out laws are applying for a non cont parent visa and we have been advised for then to hold off until we have citizenship as this will push them further up the waiting list.
Lynn
any idea how long it's likely to be before it gets through? I have another 20 days to hang on for, not that it matters to me as i'm going nowhere, but the out laws are applying for a non cont parent visa and we have been advised for then to hold off until we have citizenship as this will push them further up the waiting list.
Lynn
Absolutely impossible to say. It depends on the priority given to the legislation.
However it's a fairly comprehensive overhaul of the Citizenship Act, with many varied provisions, and I expect the relevant committee will want to look at it in detail.
Jeremy
#23
Re: New Citizenship Legislation is in the Parliament
Originally Posted by JAJ
Yes. You will likely have to wait 3 years for citizenship, not 2.
Jeremy
Jeremy
Sheesh sounds like bleedin UK VAT man !
Thanks for response..
I take it they cant revoke our PR?
#24
Forum Regular
Joined: Sep 2005
Location: Australia
Posts: 30
Re: New Citizenship Legislation is in the Parliament
Originally Posted by JAJ
Absolutely impossible to say. It depends on the priority given to the legislation.
However it's a fairly comprehensive overhaul of the Citizenship Act, with many varied provisions, and I expect the relevant committee will want to look at it in detail.
Jeremy
However it's a fairly comprehensive overhaul of the Citizenship Act, with many varied provisions, and I expect the relevant committee will want to look at it in detail.
Jeremy
In these circumstances, is it unreasonable to establish a 6 month period of commencement date after the Royal Assent of the Bill?
Last edited by Thebridge; Nov 9th 2005 at 11:50 am.
#25
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Thebridge
Jeremy, according to your experience, do you think that the commencement day of the legislation will be days or months after the day on which the bill receives the Royal Assent? Could you give us any idea of time?
In these circumstances, is it unreasonable to establish a 6 month period of commencement date after the Royal Assent of the Bill?
In these circumstances, is it unreasonable to establish a 6 month period of commencement date after the Royal Assent of the Bill?
The default is that legislation commences on Royal Assent unless provision is made to the contrary in the Bill itself. Not all parts of an Act need to commence at the same time.
Jeremy
#26
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Timber Floor Au
I take it they cant revoke our PR?
They could do anything they liked - however I think you can be confident there are *no* plans for a mass revocation of PR.
Jeremy
#27
Forum Regular
Joined: Sep 2005
Location: Australia
Posts: 30
Re: New Citizenship Legislation is in the Parliament
Originally Posted by JAJ
The default is that legislation commences on Royal Assent unless provision is made to the contrary in the Bill itself. Not all parts of an Act need to commence at the same time.
Jeremy
Jeremy
I appreciate your help
#28
Account Closed
Joined: Dec 2003
Posts: 2,375
Re: New Citizenship Legislation is in the Parliament
Oh ... ffs ...
I was gonna do my two years and f*** off back to blighty with Citizenship in the bag for a rainy day ...
Looks like I'll have to "endure" another year with the natives ...
Regards
The masses
I was gonna do my two years and f*** off back to blighty with Citizenship in the bag for a rainy day ...
Looks like I'll have to "endure" another year with the natives ...
Regards
The masses
#29
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Thebridge
Thanks Jeremy...The commencement day of the change of Sections 3 to 54 (the residence requirement is in Section 22) is "a single day to be fixed by Proclamation"....So, it is expected that this day of commencement would be when the Act receives Royal Assent?
I appreciate your help
I appreciate your help
In that case it won't happen immediately on Royal Assent. This is because DIMIA will need to update forms, policy manuals, systems etc. It will be a specific date (eg 1 March or 1 July 2006).
Jeremy
#30
Banned
Thread Starter
Joined: May 2005
Posts: 273
Re: New Citizenship Legislation is in the Parliament
Originally Posted by JAJ
In that case it won't happen immediately on Royal Assent. This is because DIMIA will need to update forms, policy manuals, systems etc. It will be a specific date (eg 1 March or 1 July 2006).
Jeremy
Jeremy
will they change the forms and systems and ... after the assent of the legislation, or they already dont that and waiting for the assent to release them?