JAJ

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).

roaringmouse

Care to finish that sentence? It seems only half written.

brissyb

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 ???

brissyb

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.

----------

horizon1

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.

Pollyana

Thanks for that

JAJ

Providing total absences are less than 12 months. That's it.

johnnye

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?

horizon1

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.

louie

Yes, you can. You will qualify for citizenship three years after you arrived on your PR visa in January 2011, plus the number of days of any overseas trips less any days in January 2007 which fall within four years before the date you apply. Bit difficult to explain that but the citizenship calculator should get it right as long as you put your lawful residence date as December 2006.

johnnye

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.

tartankoala

Ask DIMA they are the experts!

JAJ

I don't know if this is intended to be a joke but calling the DIAC helpline is the last thing someone with a complex question should do.

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.

horizon1

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.

JAJ

Not necessarily.


Perhaps read post #28 before suggesting a reliance on the citizenship hotline.