British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Application of Australian Citizenship (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/application-australian-citizenship-675588/)

dwaindibley Sep 13th 2011 10:12 pm

Re: Application of Australian Citizenship
 

Originally Posted by johnnye (Post 9617525)
Did you have a valid Aus visa on 13/sep/07?

An ETA lasts for 12 months so yes i did have a travel visa.

johnnye Sep 13th 2011 10:35 pm

Re: Application of Australian Citizenship
 

Originally Posted by dwaindibley (Post 9619271)
An ETA lasts for 12 months so yes i did have a travel visa.

Yes I appreciate it last for 12 months, I was just trying to clarify whether it was still valid yesterday, 4 years ago as you said you were in Aus in Apr 2007 and you didn't say when the ETA was valid from.

Pommy Dan Sep 13th 2011 11:23 pm

Re: Application of Australian Citizenship
 
Over 2 months since my interview and letter from Chris Bowen and still no invite to a ceremony. I know they have them every 2 months....

Guess, like all stages in this process I will just have to wait....

dwaindibley Sep 13th 2011 11:27 pm

Re: Application of Australian Citizenship
 

Originally Posted by johnnye (Post 9619293)
Yes I appreciate it last for 12 months, I was just trying to clarify whether it was still valid yesterday, 4 years ago as you said you were in Aus in Apr 2007 and you didn't say when the ETA was valid from.

Sorry we got the ETA feb / march 07

Pommy Dan Oct 15th 2011 12:18 am

Re: Application of Australian Citizenship
 
So I got a letter from the government the other day, opened it expecting it to be my ceremony invite, but no.

Seems my ceremony invite got lost in the post and they were asking me why i didn't turn up! Also reminding me that if I don't attend a ceremony within 12 months I wil be kicked out the process.

Called them up and am now in receipt of a new invite to the ceremony on 23 Nov, can't wait...

Am heading to UK for Xmas on 16 Dec so will be applying for Aussie passport on 24 Nov!

Pommy Dan Nov 23rd 2011 10:09 am

Re: Application of Australian Citizenship
 
Done, dusted and now officially an Australian.

Jilliebee Nov 23rd 2011 11:59 am

Re: Application of Australian Citizenship
 
Congratulations :thumbsup:

Alex997_99 Jan 1st 2012 12:14 pm

Re: Application of Australian Citizenship
 
How does one get around the residence calculator/online application then? 'cause,the online system would not allow you to make the application...by making a paper application?


Originally Posted by JAJ (Post 8690144)
Because the Act says that any absence in the 4 years preceding application is automatically taken into account, providing . It doesn't say anything about needing to be the holder of a valid visa during any of those absences.




It doesn't matter what the "official citizenship information" says. It only matters what the Act says!

I have been involved with other situations where DIAC interpreted the Act incorrectly and backed down once they understood they were acting illegally.

You are of course entitled to an opinion, even if it is wrong, but what you cannot do is state your opinion as fact unless you can refer it back to the Act (references to DIAC forms, website, etc. won't do where there is a conflict with the Act).


Pollyana Jan 1st 2012 1:00 pm

Re: Application of Australian Citizenship
 

Originally Posted by Alex997_99 (Post 9814539)
How does one get around the residence calculator/online application then? 'cause,the online system would not allow you to make the application...by making a paper application?

Phone the helpline and ask them what they suggest, or better still go into your local DIAC office.

Alex997_99 Jan 1st 2012 7:17 pm

Re: Application of Australian Citizenship
 

Originally Posted by Pollyana (Post 9814591)
Phone the helpline and ask them what they suggest, or better still go into your local DIAC office.

They gave 2 different answers...once,the person answered that the residence calculator is the 'ultimate truth'..and on the second occasion,it went,'residence calculator may not be accurate'...and after reading the first and second page of the thread,I have come to trust the calculator,even less.
I know this has been discussed on other threads on BE by JAJ,that whether or not,you need to be legally in Australia ( which would imply a valid visa),is not stated in the Legislation.I asked a couple of agents,but in general the feedback sounded similar to.,"It is not as challenging as a residency application....and if it is only about 6 months,why wouldn't you wait?"..
Well,a lil frustrating but then again,one either proceeds or stops!
Any recommendations, on agent(s) who are a bit more 'passionate' on this?

Pollyana Jan 1st 2012 9:22 pm

Re: Application of Australian Citizenship
 

Originally Posted by Alex997_99 (Post 9814978)
They gave 2 different answers...once,the person answered that the residence calculator is the 'ultimate truth'..and on the second occasion,it went,'residence calculator may not be accurate'...and after reading the first and second page of the thread,I have come to trust the calculator,even less.
I know this has been discussed on other threads on BE by JAJ,that whether or not,you need to be legally in Australia ( which would imply a valid visa),is not stated in the Legislation.I asked a couple of agents,but in general the feedback sounded similar to.,"It is not as challenging as a residency application....and if it is only about 6 months,why wouldn't you wait?"..
Well,a lil frustrating but then again,one either proceeds or stops!
Any recommendations, on agent(s) who are a bit more 'passionate' on this?

No idea about who specialises in citizenship, possibly Ian Harrop (UK based) or George Lombard (Sydney based) - both have a very good reputation around here :)
I've had a look now I'm on the pc not mobile and the answer to your question of how to apply if the system won't let you is
http://www.citizenship.gov.au/applyi...ls/paper_apps/

Alex997_99 Jan 2nd 2012 3:02 am

Re: Application of Australian Citizenship
 

Originally Posted by Pollyana (Post 9815091)
No idea about who specialises in citizenship, possibly Ian Harrop (UK based) or George Lombard (Sydney based) - both have a very good reputation around here :)
I've had a look now I'm on the pc not mobile and the answer to your question of how to apply if the system won't let you is
http://www.citizenship.gov.au/applyi...ls/paper_apps/

Thank you.

JAJ Jan 2nd 2012 11:42 am

Re: Application of Australian Citizenship
 

Originally Posted by Alex997_99 (Post 9814978)
They gave 2 different answers...once,the person answered that the residence calculator is the 'ultimate truth'..and on the second occasion,it went,'residence calculator may not be accurate'...and after reading the first and second page of the thread,I have come to trust the calculator,even less.
I know this has been discussed on other threads on BE by JAJ,that whether or not,you need to be legally in Australia ( which would imply a valid visa),is not stated in the Legislation.I asked a couple of agents,but in general the feedback sounded similar to.,"It is not as challenging as a residency application....and if it is only about 6 months,why wouldn't you wait?"..
Well,a lil frustrating but then again,one either proceeds or stops!
Any recommendations, on agent(s) who are a bit more 'passionate' on this?

Read the Australian Citizenship Instructions at the citizenship website. They give DIAC's interpretation of the law. While there is some scope for debate as to whether they are technically correct, you have two choices - either go by what they say, or be prepared to take a case to the AAT and then on to the Federal Court with no guarantee of winning.

99.9% of the time it is going to be simpler and cheaper to wait out whatever time is necessary.

Alex997_99 Jan 2nd 2012 11:53 am

Re: Application of Australian Citizenship
 

Originally Posted by JAJ (Post 9815931)
Read the Australian Citizenship Instructions at the citizenship website. They give DIAC's interpretation of the law. While there is some scope for debate as to whether they are technically correct, you have two choices - either go by what they say, or be prepared to take a case to the AAT and then on to the Federal Court with no guarantee of winning.

99.9% of the time it is going to be simpler and cheaper to wait out whatever time is necessary.

Thanks Jeremy

Alex997_99 Feb 11th 2012 2:42 pm

Re: Application of Australian Citizenship
 
Would a transit visa be included as well?


Originally Posted by johnnye (Post 9141016)
So in your case your lawful residence date is 27 Oct 2007. See the text below on how to determine it. If you put this into the calc it says re-apply on 27-Oct-2011

All periods of lawful residence in Australia, such as temporary visas, visitor visas, student visas, all
classes of bridging visas etc, are taken into account when calculating the four year lawful residence
period.

A person is lawful if they hold a visa that is in effect.



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