karmagirls

The problem is if I have to WAIT AND SEE then I also have to rearrange jobs, schedules, children, home plans and so on, therefore I was just trying to get a headsup on this. If only I could hang around to see then I would be so much happier and lessed stressed about it.
The embassy replied and that is good enough for me. I am going to try and validate before Jan. I really just put the reply from them on here to maybe help others and to stop them from having to email the embassy themselves.
Thanks again for the input.

JAJ

But the Embassy (High Commission) don't know the answer! How can they when the text of the legislation is not available?

If you read their reply again you'll see they haven't answered you at all!

By all means plan to validate before January - it may well work - but there is a chance that it won't, so don't be overly disappointed in that case.

Wol

Thanks a lot, Jeremy. We would have been caught just in the middle with what I understood to be the proposed changes, coming up as we are now to the two year point. I could see us chasing residence requirements year by year as they raised the bar!

JIVEBABE

I wrote to my local MLA for guidence on this: The Parliamentary Secretary to the Minister for Immigration and Multicultural Affairs, Andrew Robb states:

"People who are already permanent residents will only be required to meet the current two year residential qualifying period provided they apply for citizenship within three years of the commencement of the Act,"

I interpret this as:

a) in possession of a PR Visa and b) currently living in Australia

I would say that provided you validate your visa BEFORE the new law comes in AND you manage to clock up 2 years residency in Australia, including 12 months in the year prior to applying you will be assessed under the old rules. BUT you MUST apply within 3 years of the new rule coming into force, this still gives you 2 years of coming and going into Australia, provided the whole of the third year is spent here and you accumulate another 12 months from the first two years to-ing and fro-ing. I'm not an expert so please dont ask me to answer personal circumstance questions, cos I wont be able to. Just thought I'd add my thoughts on the subject.

JAJ

"Permanent resident" is defined differently in the Australian Citizenship Act 1948 compared to the Migration Act 1958.

karmagirls

Hi,
I received this email this morning. Think it clarifies the entire thing. I'm actually going in January now anyway so I only need to wait the 2 years, on the assumption this will go through.

"Dear Ms Whitelaw

Thank you for your email of 19 September 2006 to the Parliamentary
Secretary to the Minister for Immigration and Multicultural Affairs, the
Hon Andrew Robb AO MP, concerning the new residence requirements for
Australian citizenship. Your email has been referred to the Department of
Immigration and Multicultural Affairs (the department) for response.

The new residence requirements for Australian citizenship, which were
announced on
17 September 2006, will require changes to the legislation and are not
expected to come into effect until 26 January 2007 at the earliest.

If you make your initial entry to Australia before the date of commencement
of the new legislation, you will only need to meet the current requirement
of a minimum period of two years as a permanent resident in Australia in
the five years before application for citizenship, including at least 12
months in the two years before the application. This is provided that an
application for citizenship is made within three years of the changes
coming into effect.

If you make your initial entry after the commencement of the new
legislation, the new residence requirements will apply.

Further details on the new residence requirements can be found on the
department’s citizenship website,
http://www.citizenship.gov.au/news/index.htm. The website will be updated
as developments occur.

I trust the information provided is useful.

Yours sincerely


xxxxxx
Assistant Secretary
Citizenship and Language Services"

Glad that I found out for definite, it's actually made things more exciting for me as now I only have a few months to get ready!
Tracy

nawab1

Thanks JAJ I m feeling ok now.
Thanks

Techno Freak

What an absolute bummer.

We were going to book our flights for validation this weekend - got a great deal with Singapore Airlines. We were going middles of March for 3 weeks.

Just checked the fares - there are very few seats left for January and it will cost us an extra £1000 !!!!!! just for two uf us.

Bloody typical.

rubyredlips

January's school holidays.... hence the extra $1000! come in Feb!

rubyredlips

I've got the tom tits about this! I've lived here for 6 years -only been out of the country for a month here and there yet I have to wait until next year before I can become a citizen (only got my PR last June - it took over 3 years to get!).

My partner's an aussie, which makes my daughter half aussie but they still wont let me!!! I wanted to start uni this year but need a student loan - which I cant get until I am a citizen - Perhaps not the best reason for wanting it? Hmmmmmph!


Oh well .....

renth

I reckon it's one of the best reasons for having it. Better than the folk who get it "just in case" only to piss off back to the UK.

Techno Freak

It said on the immigration website that it could come in as early as Jan 26th, if it is passed through the next sitting of parliment.

Does anyone know when the next sitting is?

Thanks.

Techno Freak

It's OK - I found it:-

9th to 12th October – Both Chambers sit

They actually sit quite often, so if it doesnt go through this time - it wont be long after I should think.

shaakq

lets cross our fingers and see what happens at this sitting !!!!

booyip

First post warning!

Think this has already been asked, but not answered yet...

Will time on a Working Holiday Visa (417) count towards the new citizenship requirements?

I have been in Australia since March 2004 (on a WHV), then converted to a 457 in Jan 2005 which I'm still on. I think this new rule will work in my favour (if the WHV counts!), so should I delay my PR application? Was looking to apply in the next month or so...