I'm eligible in a years time, I hope these new rules don't come into play till after that.....

If they do decide to increase the residence time to 4 years, I do hope they do like New Zealand: for PRs before "such date" is still 2 years, for PRs after such date is 4 years... at least people who still have to apply are prepared to that, and it doesn't fall upon the head of the unsuspecting PR...

I understand what was said in the other thread about the fact that the 2-year requirement is not exactly so, and it's ok, but I'd rather, would be willing, and find that it would be more convenient for me, to stay 2 years straight into the country, get citizenship, and go back to see my family, rather than piling up those 700+ days along five years...

Maddening, isn't it Kala, , I know exactly how you feel

Yep I got really angry this afternoon after seeing this, No offence to anyone who has come on a skilled visa but it does pee me off that we have to wait so much longer already and it soon could be even longer, seems bloody crazy to me that you can have such strong ties to a country and have to wait longer than a random nurse/doctor.plumber/hairdresser etc who has decided to emmigrate and there partners get citizenship before we can

Kala

Its not even as if the citizenship was only granted to us if we prove the relationship is still ongoing. We've done all that, jumped through the hoops at least twice (three times for Pros Spouse), yet we are still made to wait longer than the rest.
Again, no disrespect to Skills visa people who are on PR straight away - hopefully you can see what we are getting at. My friend at work who arrived 3 months before I did has just applied for her citizenship. By the look of this article, I can't apply for mine till 2010.

There's nothing stopping someone (married to an Australian) applying for a skilled visa rather than a spouse visa if they wish. Some people do just that if they qualify, and if they don't qualify for a permanent spouse visa from Day 1.

DIMIA are quite ok with people married to an Australia going for PR via a skilled visa if they prefer.

As for all the hoops spouse visa people have to go through to prove their relationship is genuine - blame those who abused the system with bogus marriages before the rules were tightened up.

Also - with most business migrants on temp visas since 2003, and now the SIR visa - spouse visa people are not the only ones affected by this.

As I've noted, your partner should write to his federal MP and suggest that at the very least, partial credit should be given for time lawfully in Australia on a temporary visa. This is what former Minister Hardgrave wanted to do (in mid 2004) and it becomes even more important if they are going to increase the residence requirement.


Jeremy

Exactly, there have been dumb people come on here hinting that they want an aussie to marry who have been shot down in flames by those of us who are goin through all the crap just to be with our partners. ive had people here at the backpakcers aswell who seem to think all ya need to do is marry and aussie to stay here, I soon put them right and would grass up anyone I came accross who was doing that.

Also, I never had any plans to move to Australia so all the filling in of forms etc are not so we can live in Australia it was so my hubby and I could be together in his home country. I am sure I am not the only one in that position.

I know thre is nothing that can be done but it is so frustrating when you think you can actually make your own decissions where you want to live and get on with your lives rather than basing all decissions on government rulings in a certain number of years and suddenly another 2 years might get shoved on the end.

Still might not affect us but hey you know what us poms are like, give us something to whinge about and we will

Kala

Yea, thanks Jeremy, we have taken on board the note about writing to the MP, and maybe if aenough of us do it, they "might" take notice........I'd be quite happy with partial recognition of the time on temp visas, at least it shows they are acknowledging we are here and contributing to the community.
As for applying for Skills PR - no chance, not got the right trade/points/age.etc

I've voiced my views on here before about the idiots who fake marriages, thus creating hoops for the rest of us

Same here Pollyanna, wrong skills shame the minister has changed, the old one seemed to be wanting to changfe things for the better for us on TR

Kala

When I married my Dual Citizen hubby in 1998 we were told so many times by idiots we worked with that it was a scam for me to become a Aussie Citizen

Even then, the burning hoops, nights of not sleeping, financial stuggles we went through and then it took over 5 years then, we could now cheerfully rip their heads off.

At least we have been happily married for nearly 8 years, proved them wrong.

Good luck
B

At the risk of getting shot down in flames.....the UK citizenship regulations are a lot more pedantic and (in my view) blatantly unfair! At least here in Australia they are completely up front about what criteria you need to meet etc.

I spent most of my life in the UK and am even married to an Englishman (have been for 7 years) but never got around to applying for citizenship largely due to mis-information given by the Home Office. Once we got here I tried again and then because I had been out of the country for more than 90 days in the previous 12mths.....I no longer qualified! At the time of enquiry I had been out about 115 days. All that means that we are nwo considering a return to the UK for another 3 years so I can re-qualify there.....but first we need our Oz citizenship so no changes just yet please Mr Howard as we can apply here in January.

The Home Office is perfectly clear about the criteria for naturalisation, which are explained in detail at http://www.ind.homeoffice.gov.uk

When you say you were given "mis-information" what exactly do you mean?


Jeremy

Two questions guys:

1. From what I read ealier, does this mean you only have to be in Oz on a PR two years before you can get a Residents Return Visa? If so, does that mean you effectively extend your visa by 2 years?
2. As things currently stand, do you have to go through the meds, police checks ect again to get citizenship?

Thanks,

Paul.

You can get a 5 year RRV after 2 years in Australia as a PR on a no-questions-asked basis. Currently it usually makes more sense to go for citizenship if you have the two years, obviously more people will need RRVs if the citizenship residence requirement increases.
http://www.immi.gov.au/allforms/pdf/968i/pdf

Medicals - no.

Police checks - usually no. However if you have spent more than 12 months overseas since getting PR they will need new overseas police checks. This is a new requirement. No need to worry about an Australian police check as DIMIA do this automatically for citizenship applicants.


Jeremy

Hi Jeremy,

basically the same story I have corresponded with you on before. I did go ahead and apply anyway, and made sure to include the points of law you raised etc. but was refused anyway. 'Although the Secretary of State is able to exercise his discretion, he has chosen not to do so in this case.' That was pretty much what the letter said.

Basically I made my enquiries a few years ago...before I had a computer or knew how to use the internet. I was told that the waiting time was 18mths and if I needed my passport back in that time I would get it but then go back to the bottom of the queue. When we got here the High Commission said that is not so....they only sight the passport and send it back. Basically there was never a time I could be without my passport for that length of time.

When they told me about the 90 day rule they also neglected to mention that there was discretion and so should get my application in as soon as possible. It was only after posting on here some months later and getting advice from you and others that I eventually submitted an application - but of course by then I was horrendously over the 90 days.

You are right.....the information is there as long as you know where to look and have the where-with-all to do so. My mistake was seeking advice directly from the people who I thought would be able to give me the best and latest advice. Not so. The people manning the helpline here in Oz seem to be very helpful and well informed by contrast. Of course I am also a lot better at finding the relevant info on the net now though.....