JAJ

Update on the new citizenship residence requirement:
http://www.citizenship.gov.au/law-an...irementsQA.htm

Highlights are:

- FOUR years lawful residence in Australia immediately preceding the application
- absences of up to 12 months in total will be allowed, with no more than a total of 3 months in the final year
- at least ONE year of the four years must be as a permanent residence. (in other words up to THREE years temporary residence can count).

It seems that current permanent residents will be exempted:

"The new residence requirements will apply to people who become permanent residents on or after commencement of the legislation. Current permanent residents will not be affected by these changes."

Commencement day for the new laws is still scheduled to be 26 January 2007.

Biggles66

hi jaj,

what determines a PR? - the issuance of the pr visa or physically taking up residency in australia? and how is that verified, because isn't the only requirement after visa grant to have it validated by a trip within 12 months after visa grant?

So, if I validate my visa before January 26, 2007 but in reality move to australia later - what will the citizenship requirements be? the new or the old?

brgds,
biggles

Biggles66

Sorry - i know also came across the issue of "citizenship by conferral" for which only 3 years are going to be required. What is the conferral route, who does it apply to?

http://www.citizenship.gov.au/law-an...w/conferal.htm

cheers
biggles

Rug13y

When do these new laws start?

Wendy

Rug13y

Im due to get my PR around December/Jan, so would I be exempt?

Thanks

Wendy

I'd say so by looking at what JAJ said. I think it affects only those that MOVE here permanently AFTER the law comes in (irrelevant of whether you have validated).

Rug13y

Thanks Wendy

JAJ

We will need to see the exact wording of the law to know whether validation will be enough or not.

JAJ

Conferral is the same as naturalisation/grant of citizenship. That page hasn't yet been updated to reflect the fact the requirement will be 4 years, not 3.

karmagirls

This is very helpful information. I'm a little lost about it all too. I received my PR visa in July this year and I will be validating it in June 2007. Does this mean that I will have to go for the 4 year wait before I can apply for citizenship or does it mean that I will be 2 years since I have my PR now and just haven't validated? I realise someone asked a similar question, but I wasn't sure what the right answer was. Thanks in advance.

JAJ

When is the first entry date on your visa? It's unusual to have so much time to validate.

You just have a PR visa, you are not a permanent resident yet.
You will have to wait and see what the exact legislation says. No-one knows the answer to your question right now. Sorry.

karmagirls

[QUOTE=JAJ]When is the first entry date on your visa? It's unusual to have so much time to validate.



I have a year to validate. I'm the partner of an Australian citizen. My initial entry date on my VISA is 11 July 2007. It says valid to stay in Australia indefinitely and that I have multiple travel on it. It's subclass 110.

Thanks for the info. Seems pretty annoying to have to wait the 4 years but I guess if that's the law it's gotta be done. Sigh.

JAJ

You will need to check to see what the exact rules are in the Bill, but depending on how this works, it may be very worthwhile to bring forward your validation trip to before the 26 January.

DagBoy

OK - here's a nice difficult question for you JAJ

I have done over 3 years on a temp 457 and almost 2 years on a temp spouse visa. If I am granted my PR next month (as expected), then does this mean that I will not be affected by the changes and will have to wait for 2 years (old rules) as PR before eligible for citizenship? Or would I be able to opt for the "more stringent" new legislation, which would allow me to get citizenship a year earlier?

Cheers,

DagBoy