freebo

I was first granted PR in 1992 and left in 1995, my RRV expired in the late 90's. I returned for holidays in 2008 and 2009, and applied and was granted PR again, returning last year.

Some of the posts above suggest I can use the time I spent here as a PR from the 90's towards citizenship, but thats not how I read the DIAC website, can anyone confirm?

johnnye

OK, thanks George. I stand corrected

daunted

OMG George I am totally gobsmacked!!!!

George Lombard

Don't be gobsmacked, this time we want more than one ANZAC bikkie lol.

Cheers,

George Lombard

woswwf

Hi all,

I've read this thread and used the online residency calculator and it seems I meet the requirements for citizenship. However, I've also spoken to DIAC and they tell me that I don't yet meet the requirements.

My dates are:

Arrived on ETA - 14 Jun 2003
Departed on ETA - 02 Sep 2003

Arrived on 136 visa - 27 Oct 2007
(been in Australia since - apart from a 3 week holiday in UK)

When I enter the 'Lawful Residence Date' of 14 Jun 2003 into the calculator, it tells me I can apply as of today. DIAC says different (27 Oct 2011).

I'd be grateful if someone could clarify.

Thanks in advance.

johnnye

Read Post 38 of this thread and it's accompanying document. If you were to apply today, then 4 years ago you would needed to have held a validated visa irrespective of whether you were in or out of Australia. But looks as though you held No visa 4 years ago today. I've pulled out what I think is relevant from that document, have a read. So they way I read it is that you can apply 27 Oct 2011 assuming you meet the other requirements


Example
Calculation of the 4-year lawful residence period when a person has been absent from
Australia on the day 4 years immediately before applying
If a person’s first arrival in Australia is less than 4 years before they apply for citizenship, they cannot
meet the general residence requirement, even if they spend 3 years continuously in Australia.
The start date of the 4-year lawful residence period is usually the date 4 years immediately before they
lodge their application. However, if the person has not made their first entry into Australia, they need
to wait at least 4 years after their first entry to meet this requirement.
Where a person was outside Australia on the day 4 years immediately before applying, but had
previously been in Australia, they may still use the day 4-years immediately before applying as a start
date, providing that on that day they held visa which was granted in Australia, or which was granted
offshore and the person had entered Australia on that visa.
If these conditions are met, then the person may use the full 4 year period immediately before
applying towards meeting the general residence requirement.
Example
Mr Smith entered Australia on 01/01/2004 on a subclass 457 visa. He departs a week later, and reenters
on 01/01/2006 on the same subclass 457 visa. He remains in Australia, becomes a permanent
resident on 01/01/2008 and applies for citizenship on 01/01/2009.
Mr Smith’s 4-year lawful period starts on 01/01/2005 (4 years before applying) because although he
was outside Australia on this date, he was previously in Australia and was still the holder s/c 457 visa.

woswwf

Thanks Johnny - that makes sense now.

I was a little confused that the online calculator said I could apply today with those dates but it's likely I've mis-interpreted some of the terms it uses.

Thanks again for the reply.

johnnye

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.

louie

and then go on to read post 41. If Jeremy doesn't agree that the guidance provided by DIAC is in accordance with the law, I'd go with Jeremy's view. It depends on how important the timing is to you as to how far you want to push it though....

airlineguy1980

I have a opinion .I wish I can say this.from my understanding your visa got to be validated then the clock starts.from then you have to live in Australia for 4 years. In that 4 years of time you can be away from Aussie for 12 months.so Jaj you are partly right but it's not three years of continous residence.it's 4 years but you can be away from Aussie for 12 months to satisfy the residence req. For example I enter Aussie for validation on 1 Jan 2010 then I make my move to Aussie permanently on 1 Jan 2011 then I m eligible for citizenship on 1 Jan 2014.
Another scenario I enter for validation on 1 Jan 2010 I live there until 1 Jan 2011 then I left Aussie for 12 months and back again on 1 Jan 2012 then on 1 Jan 2014 I can apply for citizenship
This is what the act says

daunted

This time around my dear you can 101 of the beautiful bikkies!!

roaringmouse

The view of Jeremy (JAJ) is also not necessarily the correct interpretation of the law, as previously mentioned by himself in this thread:
Now this does depend on different examples of absence, and the grey area surrounding the absence won't matter to a lot of people intending on applying for citizenship. Also something else mentioned by JAJ should be considered:
The question should be, are you wanting to potentially risk being refused and maybe taking it to tribunal for the sake of a few months when you could wait a few months and would be sure to meet residency requirements?

woswwf

No, certainly in my case, I wouldn't go to a tribunal. I'm of course planning to be in Australia permanently anyway, so an extra few months is of no concern.

However, whilst understanding that the residence calculator is only intended as a guide, I do believe the 'Lawful Residence Date' is confusing. Thanks to Johnny and others, I now understand the 'small print'.

roaringmouse

Exactly, for most people it shouldn't matter waiting for a few months to make sure - if they intend on staying in Australia permanently.

Of course for those needing to travel or be outside Australia for an extended period (e.g. family illness or work requirement) then it may be a different case and become difficult, particularly if a 5 year RRV is also difficult to obtain.

daunted

Hey Johnnye did you get your application sorted today?? Please keep me informed as if this info is correct (which i am told over and over again it is) then we can apply next week too