JAJ

If you meet the requirements for a 5 year RRV you will be granted one however much time remains on your existing visa.

However, you wouldn't want a situation where DIAC grant, whether by ignorance or otherwise, a 3 month RRV to replace a visa that had longer to run.

E3only

Thanks for that. So I think it's just wise to wait November 2013 (when it expires), but just wanted to be sure that we can apply from outside?

Also, if we have regular visits here every year or so does that help. Is there such a thing as visiting here say every 15 months (so 2-3 times before it expires) and just renew it or you have to have physical presence or something to just renew the PR?

paularn

I spent a total of 3.5yrs in OZ on various visas - ie. prospective spouse, temporary spouse and then permanent resident, which I got 6 months before moving back home. Technically, I don't think (but I really don't know) if I did meet the rule of how much time is spent in OZ to be able to apply for citizenship. At the time I got permanent resident, it was only 3 yrs before you could apply for citizenship, not 4. Again, I wrote a letter explaining my situation, ie married to an Aussie, my Australian born daughter, still had ties to the country with hubby's family etc. They then said I could write the test, which I did and then after passing it, it was up to them to decide if I met all the rules to be able to become a citizen. They obviously thought I did and June 09 I became a dual citizen. I also mentioned in the letter that we would return to live at some stage.

We left OZ in Oct 2002 and moved back here Feb 2010. So just over 7yrs spent in Canada, but with trips back here for holidays. My citizenship test was done in the city I lived in - it was then sent to Canberra for marking. I did the citizenship ceremony in Canada's capital - Ottawa - because that is where the Australian High Commission office is. The lady getting citizenship alongside me had to travel from the west coast of Canada to do the ceremony, at her expense. But she wasn't living in OZ either, just married to one.

Moving our stuff - we had a 3 bedroom house, but didn't take everything. We took our daughters twin bed (no other beds)...our 3 seater sofa and 2 seater sofa...armoire...TV (australian)....2 futons....all our kitchen gear (except anything electrical)...tons of books....toys....some tools (nothing powered)....golf clubs....our daughters bike....washer (australian)....a couple of lamps (which I will need to get converted)....cd's....dvd's.

We did not take a dining table, no coffee table or side tables. No computer desk, no DVD player.

We did not have a shared container as we almost filled the 20ft on our own. The cost we paid in Canada was about $9300 that includes insurance. On this end (in OZ) we have paid approximately $1000-1100 for quarantine/customs charge and GST charges from the movers that will transport it from Sydney to Townsville. We were aware of these charges, so not a surprise. So all up just over $10,000.

Hope that helps, let me know if you have any more questions

E3only

Thank you kindly.

The Citizenship rules are very different now so I will be calling tomorrow to check on her eligibility. If she can do the tests then it would be awesome but we shall see. Will keep you posted.

Interesting, 10k does not seem like you got enough of stuff!! I will be getting a couple of quotes so lets see where that goes.

This is what we plan to get
3 seater + 2 seater Sofa
Ottoman
Centre Table + Side table

Bed + side tables
Dressing table

Utensils
Clothes
Small decorative pieces
DVD player + Recorder

Any guesses how much that may cost? I was told a standard bedroom takes up about 12 cubic meters which I am not sure if it's realistic.

I am very excited but at the same time scared I suppose. Fingers crossed for us!!

aussie_best

Periods spent overseas with Australian citizen spouse are normally considered as time spent in Australia.Such citizenship applications take 6-10 months for approval but ultimately gets approved .....

paularn

Yes I believe I read that as well.

I did my test, got the results the following month and then waited 6-7 months before I applied for citizenship, I heard 3 months later that I was approved and it was another 3 months after that before I did the ceremony.

As for how much we brought, it doesn't seem alot when I write it out like that but I believe we have 174 pieces being furniture, boxes and other things like the bike or golf clubs. It does add up and become more than you would think. Like I said we had an almost full 20ft container, you probably won't need that much. Make sure to get quotes from a few different removalists. We haven't seen our stuff since January, when it was packed. I'm told it is now in Sydney waiting for quarantine clearance and then it will be trucked to Townsville....overall probably 4 months....when I was told it would be 5 weeks...HA!

E3only

Thanks a lot for that. Yes, getting quotes from 3-4 removalists. They have already said 3 months minimum and I am ok by that. I just need to find out out much they are going to charge.

Also, I have heard its generally easier to get stuff out of Australia than get it in. THe customs seems to be very fussy with inward items!!

E3only

Fantastic, that is awesome input. Where can I read up things like these i.e. spouse citizenship ? Is there a number or webpage?

paularn

Check this link and specifically the second paragraph

http://www.citizenship.gov.au/applyi..._apply/spouse/

This is where I wrote my letter giving my reasons and demonstrating how I still had close ties to Australia.

E3only

Thanks!

She should be due for citizenship soon. I will call the number and explain the situation. We can prove our ties here in terms of investment and the very fact that our move to the States is temporary. She has been in Australia from May 2006.

Cheers

aussie_best

Australian citizenship and immigration is not as nasty as US immigration and citizenship.Therefore you can always expect results in Australia within months whereas in US the immigration department takes years of processing....

E3only

Ok Thanks,

So with all the input I have recd what should be my action ?

Wife entered Australia on tourist visa May 2006.
Granted Temporary Spouse Residency Nov 2006
PR granted Nov 2008 - expiry Nov 2013.
Will leave for the US June 2010.

From Nov 2006 overseas trips are 30 days + 7 days + 7 days + 40 days = ~85 days. So she is some 6 months + 85 days out of the 4 year required physical presence.

No one here things that could be waived right? Or do I wait for the 6m+85 days (we will have spent them in US) and explain our ties to US and ask for Citizenship to be considered?

Cheers

aussie_best

In order to prove her residence requirement you must show DIAC that she remained with yourself (Australian Citizen) overseas. My wife did the same. She came to Australia and applied for her citizenship. Then she came back to US and her citizenship was approved in 10 months.She got email from case officer, mutually they agreed with a place for ceremony and came back to Australia to complete her ceremony....Finally she applied her first Aussie passport overseas in US.

E3only

Sure,

The question though is - when can she apply. Given that the current rules stipulate 4 years physical presence. She would have let's say 3 and half years physical presence. We are not moving to the States so she will not be physically present in AU and hence won't be able to complete her 4 years?

Or, is it that the next 6 months she being in US, she can write to DIAC saying she is a spouse of an Australian Citizen living overseas and ask for some sort of waiver from the 4 year physical presence requirement?

aussie_best

Australian immigration laws are very friendly when compared with US immigration laws. Yes she being in US with Australian citizen spouse, she can come back to Australia , apply for citizenship and write to DIAC with photos and supporting documentation and ask for residence requirement waiver...

But after July 4 years residence requirement will apply but still she will get residence requirement waiver for being with Australian citizen (spouse) in US.