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New Citizenship Legislation is in the Parliament

New Citizenship Legislation is in the Parliament

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Old Nov 9th 2005, 1:07 pm
  #31  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by JAJ
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
Thanks Jeremy - what I suspected. I'm not holding my breath. I shall remain proud to be British, and forget all idea of becoming an Australian I think. I don't feel like i belong here anyway, this legislation reinforces that feeling, so I have really ceased to care deep down.
BTW - I wrote to the local MP, copied to the Citizenship Minister, nice man John Cobb. Didn't even get dignified with an acknowledgment, never mind a reply.
Sorry guys, but my feeling right now is - stuff Australia and her passport where the sun don't shine
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Old Nov 9th 2005, 1:27 pm
  #32  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by Pollyana
Thanks Jeremy - what I suspected. I'm not holding my breath. I shall remain proud to be British, and forget all idea of becoming an Australian I think. I don't feel like i belong here anyway, this legislation reinforces that feeling, so I have really ceased to care deep down.
BTW - I wrote to the local MP, copied to the Citizenship Minister, nice man John Cobb. Didn't even get dignified with an acknowledgment, never mind a reply.
Sorry guys, but my feeling right now is - stuff Australia and her passport where the sun don't shine
Hi Polly

I got a response. A phone call, but basically all that was said was that they would bear my comments in mind. I doubt somehow that my MP is fighting my corner for me :P

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Old Nov 9th 2005, 1:35 pm
  #33  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by Pollyana
Thanks Jeremy - what I suspected. I'm not holding my breath. I shall remain proud to be British, and forget all idea of becoming an Australian I think. I don't feel like i belong here anyway, this legislation reinforces that feeling, so I have really ceased to care deep down.
BTW - I wrote to the local MP, copied to the Citizenship Minister, nice man John Cobb. Didn't even get dignified with an acknowledgment, never mind a reply.
Sorry guys, but my feeling right now is - stuff Australia and her passport where the sun don't shine
you can call his office in Dubbo
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Old Nov 9th 2005, 1:47 pm
  #34  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by NewOZ
you can call his office in Dubbo
As I have already written to him there, and not been sent a reply, I doubt he will bother to speak to yet another hacked-off immigrant
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Old Nov 9th 2005, 2:04 pm
  #35  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by Pollyana
As I have already written to him there, and not been sent a reply, I doubt he will bother to speak to yet another hacked-off immigrant

call in canbra u will talk to his citizenship advisor (i.e the manager of the legislation)
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Old Nov 9th 2005, 5:20 pm
  #36  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by Pollyana
BTW - I wrote to the local MP, copied to the Citizenship Minister, nice man John Cobb. Didn't even get dignified with an acknowledgment, never mind a reply.
Your local MP ought to have responded. Letters do get lost in the post, so it's always a good idea to make a follow-up phone call if you hear nothing.


As posted on another thread, there is a general concession introduced for former temporary residents that does not require 'significant hardship or disadvantage' (at least as far as the law is concerned):

------
(7) The Minister may treat a period not exceeding 12 months as one in which the person was present in Australia as a permanent resident if:
(a) the person was engaged in activities during that period that the Minister considers to be beneficial to Australia; and
(b) the person was present in Australia during that period (except as a permanent resident or an unlawful non-citizen).
---------


We'll need to see the detail of what exact policy they intend to apply for this. It will probably be discussed when the bill is put line-by-line in front of a parliamentary committee.


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Old Nov 9th 2005, 6:15 pm
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Default Re: New Citizenship Legislation is in the Parliament

http://www.citizenship.gov.au/citz_b.../conferral.htm

Spouse Provisions

Spouses will need to meet the same criteria as other adult applicants for conferral of citizenship.

However, there will be an exception from part or all of the residence requirement (see above) for Australian permanent resident spouses, if the spouse is able to demonstrate a close and continuing association with Australia during that time. For example, if the spouse is not in Australia on account of the work of their Australian citizen spouse. Where this exemption is applied, approval may also be given to citizenship applicants who are outside Australia.

The definition of ‘spouse’ will also include a de facto spouse where the applicant became a permanent resident as the de facto spouse of their current partner.
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Old Nov 9th 2005, 6:19 pm
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Default Re: New Citizenship Legislation is in the Parliament

That "close and continuing relationship with Australia" definition sounds a bit vague. Hopefully this legislation will get stuck in the mire for as long as possible. I have booked an interview later this month on the day I am eligible under the current legislation. Under the new legislation I would be eligible if I had a close and continuing relationship with Australia.
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Old Nov 9th 2005, 6:24 pm
  #39  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by bondipom
That "close and continuing relationship with Australia" definition sounds a bit vague. Hopefully this legislation will get stuck in the mire for as long as possible. I have booked an interview later this month on the day I am eligible under the current legislation. Under the new legislation I would be eligible if I had a close and continuing relationship with Australia.

Once again .... do read section 22(7):

------
(7) The Minister may treat a period not exceeding 12 months as one in which the person was present in Australia as a permanent resident if:
(a) the person was engaged in activities during that period that the Minister considers to be beneficial to Australia; and
(b) the person was present in Australia during that period (except as a permanent resident or an unlawful non-citizen).
---------

This should be availble for former temporary residents of many classes, spouses included.

The Bill is very comprehensive and is not the kind of legislation one would expect to pass quickly as it will probably need a detailed scrutiny in committee to ensure there are no unintended anomalies or loopholes.

Unless it's given a very high priority I doubt it will pass by Christmas and the most likely date for introduction of the new provisions is (my guess) 1 July 2006.



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Old Nov 9th 2005, 7:11 pm
  #40  
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Default Re: New Citizenship Legislation is in the Parliament

So basically if the bill was set to become law on the 1st July anyone prior to this date may be possible to apply under the old system?
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Old Nov 9th 2005, 9:24 pm
  #41  
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Default Re: New Citizenship Legislation is in the Parliament

i hope you are kidding. it's people like you that have prompted this change!!

Originally Posted by Three Legs
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
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Old Nov 9th 2005, 9:24 pm
  #42  
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Default Re: New Citizenship Legislation is in the Parliament

i doubt they can get forms ready, as there may be changes to the bill required before it gets passed through parliament.

Originally Posted by NewOZ
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?
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Old Nov 9th 2005, 9:38 pm
  #43  
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Default Re: New Citizenship Legislation is in the Parliament

oh bloody marvellous. i am eligible in October, no chance for me!
I had also planned my training so that by next christmas i would be a citizen and could apply for HECS assistance for Uni. Thats me stuffed now will have to wait ANOTHER year
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Old Nov 10th 2005, 2:54 am
  #44  
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Default Re: New Citizenship Legislation is in the Parliament

Nice little statement on one of the radio stations this morning - missed hearing the source unfortunately, but they said that they had heard the governments next move was to prevent people taking out dual citizenship at all, juts make them keep their original one. That way they can send people back to where they came from a lot easier than they can now. Just deport them all with no grounds for appeal.

Possibly just a rumour, but it shows the way at least part of Australia is starting to view its large immigrant population ( ie people like us!!)
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Old Nov 10th 2005, 3:23 am
  #45  
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Default Re: New Citizenship Legislation is in the Parliament

Originally Posted by Pollyana
... stuff Australia and her passport where the sun don't shine
England?
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