New Citizenship Legislation is in the Parliament
#31
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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
"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
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
#32
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
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
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
Katie
#33
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Posts: 273
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
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
#34
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Re: New Citizenship Legislation is in the Parliament
Originally Posted by NewOZ
you can call his office in Dubbo
#35
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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)
#36
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.
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):
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(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.
Jeremy
#37
Joined: Aug 2003
Posts: 11,149
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.
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.
#38
Joined: Aug 2003
Posts: 11,149
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.
#39
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):
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(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.
Jeremy
#40
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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?
#41
Drunken Aussie
Joined: Jun 2003
Location: Brisvegas
Posts: 1,080
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
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
#42
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Joined: Jun 2003
Location: Brisvegas
Posts: 1,080
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?
#43
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Joined: Jul 2004
Posts: 728
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
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
#44
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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!!)
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!!)
#45
Re: New Citizenship Legislation is in the Parliament
Originally Posted by Pollyana
... stuff Australia and her passport where the sun don't shine