Re: Application of Australian Citizenship
Originally Posted by roaringmouse
(Post 8688866)
Unclear on how you understand "the person is taken to have been present in Australia during each period of absence"
I have never suggested that it does. My point is that there needs to be a valid visa for that entire time (whether or not the person is in Australia at the start of the 4 year period), which is stated quite a bit on official citizenship information including the 1300t application form. 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). |
Re: Application of Australian Citizenship
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 .
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Re: Application of Australian Citizenship
doesnt it state that any time within the 4 years , time ouside of australia isnt counted unless it's for more than 90 days ?? or do i have it all wrong ???
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Re: Application of Australian Citizenship
Overseas absences
(1A) If: (a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and (b) the total period of the absence or absences was not more than 12 months; then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence. (1B) If: (a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and (b) the total period of the absence or absences was not more than 90 days; and (c) the person was a permanent resident during each period of absence; then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence. ---------- |
Re: Application of Australian Citizenship
Dear All,
I had a look of recent posts in the thread.I just want to share my experience.If you fulfill residence criteria according to rule,you are eligible for applying regardless you have any visa or not in that absence(still you need to be PR for atleat 1 year).I came in Australia in Jan.2006 on visitor visa and spent about 10 months and then went back to my home country once visa was about to expire.I came again in september 2007 on 457 and got PR in May 2009.I applied citizenship as I fulfilled criteria last month and it is recently approved.So it doesnt matter whether you have any visa or not in your absence except last year when you should be a PR.I hope it will clarify. |
Re: Application of Australian Citizenship
Originally Posted by horizon1
(Post 8693661)
Dear All,
I had a look of recent posts in the thread.I just want to share my experience.If you fulfill residence criteria according to rule,you are eligible for applying regardless you have any visa or not in that absence(still you need to be PR for atleat 1 year).I came in Australia in Jan.2006 on visitor visa and spent about 10 months and then went back to my home country once visa was about to expire.I came again in september 2007 on 457 and got PR in May 2009.I applied citizenship as I fulfilled criteria last month and it is recently approved.So it doesnt matter whether you have any visa or not in your absence except last year when you should be a PR.I hope it will clarify. |
Re: Application of Australian Citizenship
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
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Re: Application of Australian Citizenship
Originally Posted by horizon1
(Post 8693661)
Dear All,
I had a look of recent posts in the thread.I just want to share my experience.If you fulfill residence criteria according to rule,you are eligible for applying regardless you have any visa or not in that absence(still you need to be PR for atleat 1 year).I came in Australia in Jan.2006 on visitor visa and spent about 10 months and then went back to my home country once visa was about to expire.I came again in september 2007 on 457 and got PR in May 2009.I applied citizenship as I fulfilled criteria last month and it is recently approved.So it doesnt matter whether you have any visa or not in your absence except last year when you should be a PR.I hope it will clarify. |
Re: Application of Australian Citizenship
Originally Posted by johnnye
(Post 8695901)
So in this case, was the date you entered Australia on your tourist visa regarded as your Lawful residence date? I arrived on a tourist visa in Dec 06 and stayed for 6 weeks (leaving in Jan 07). I then arrive on a PR visa in Jan 2008 and have been here ever since. So does that mean I can use the date I entered on my tourist visa (Dec 06) as my lawful residence date, for the purpose of the residency calculator, rather than the date I entered on my PR visa in Jan 08?
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Re: Application of Australian Citizenship
Originally Posted by johnnye
(Post 8695901)
So in this case, was the date you entered Australia on your tourist visa regarded as your Lawful residence date? I arrived on a tourist visa in Dec 06 and stayed for 6 weeks (leaving in Jan 07). I then arrive on a PR visa in Jan 2008 and have been here ever since. So does that mean I can use the date I entered on my tourist visa (Dec 06) as my lawful residence date, for the purpose of the residency calculator, rather than the date I entered on my PR visa in Jan 08?
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Re: Application of Australian Citizenship
Originally Posted by horizon1
(Post 8696121)
But total absence should not be more than 12 months.It looks to me your are absent already for one year between your visitor and permanent visa.But you can calculate exactly through residence calculators if you think you are not absent for more than 12 months. Luckily for me total absence was just few days less than 12 months so i was able to apply.
Arrived on Torist Visa (12/12/06) Departed on Tourist Visa (9/1/07) Arrived as PR (12/01/08) Departed as PR (27/2/08) Arrived as PR (28/3/08) Departed as PR (10/6/09) Arrived as PR (21/7/09) - Have remained here ever since If I use the date of 12/12/06 as the Lawful residence date, the calculator says I can apply on 20/3/2011. So the question remains, can I use 12/12/06 as my lawful residence date for the purpose of citizenship, I'm still not clear on this. |
Re: Application of Australian Citizenship
Originally Posted by johnnye
(Post 8697188)
So the question remains, can I use 12/12/06 as my lawful residence date for the purpose of citizenship, I'm still not clear on this.
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Re: Application of Australian Citizenship
Much better option is to download the Australian Citizenship Instructions at http://www.citizenship.gov.au These should confirm that any legal presence in Australia is acceptable towards the 3 years in 4 requirement. |
Re: Application of Australian Citizenship
Originally Posted by johnnye
(Post 8697188)
Ok so I took the following dates from my passport and plugged them into the calculator:-
Arrived on Torist Visa (12/12/06) Departed on Tourist Visa (9/1/07) Arrived as PR (12/01/08) Departed as PR (27/2/08) Arrived as PR (28/3/08) Departed as PR (10/6/09) Arrived as PR (21/7/09) - Have remained here ever since If I use the date of 12/12/06 as the Lawful residence date, the calculator says I can apply on 20/3/2011. So the question remains, can I use 12/12/06 as my lawful residence date for the purpose of citizenship, I'm still not clear on this. |
Re: Application of Australian Citizenship
Originally Posted by horizon1
(Post 8697473)
I think if residence calculator is saying then it would be right.
check with citizenship hotline and tell them your passport no. they will immediately tell you your application date. |
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