Pollyana

It may also mean that the member does not wish to recieve emails.

For mchowdhury - your "last resort" really should be contacting a MARA registered agent if citizenship means that much to you and you are unable ti wait to qualify by normal residence means. Using layman's info from people in the same boat is a lot less reliable than using a qualified professional for advice. Surely if getting citizenship faster is that important than you will be willing to pay for it?

Bermudashorts

If you want to get opinions from any of the layman members of BE then it is better to post on the forums not in PM. If you want to contact a migration agent, then google them and contact them through their proper company. Expect to pay for advise.

For what it is worth, I doubt there is any way around being unlawful, why should there be.

mchowdhury

Thanks for the input,Pollyana. Of course I am willing to pay if I go to a professional. The reason I came to BE just to see if there is a hope from the people who crossed-over the similar path.

mchowdhury

Thanks for the input, Bermudashorts. I also think its worth to consult with a professional.

Its not 'way around' i really meant! I am not expecting to do anything dodgy. My believe is Unlawful is a 'harsh' word in these scenerio. Its not like you stayed AUS without any VISA or hiding somewhere knowing that you will be deported if you get caught. As they mentioned, 'Bridging VISA' come only affect when your substantive visa(485 in my and some other's case) expires. How come they cease something when it is not into effect yet. That is the only ground I think a migration agent/applicant can use. But I also understand if I read the 'whole notice' I see I am a defaulter
I just thought to ask those who went through the similar scenerio and can tell me going to a lawyer helps to apply!

BTW, it is a great site. Thanks to all moderators & repliers. I wish someone who asked Questions here would come-back and follow-up with a reply/solution (either positive or negative)

regards

mrsgreenstar76

'Unlawful' isn't a particularly harsh word. It could be worse - they could have used 'illegal', which is far harsher.

eszter

Hi "mchowdhury",

My case: I applied for 457 visa, while I still had a valid student visa. I got a Bridging Visa A immediately after the 457 application. I was planning an overseas holiday before my student visa had expired, but wasn't sure if I could leave the country, as I knew that I would have to be in Australia when my 457 application is approved. So I called the immigration office, I explained everything and then I was told by the officer that I could travel without any problem, because I would still have a valid student visa when I arrive back from my holiday. He did not mention that there was anything else for me to do. This was an incorrect advice and this was my main argument in the letter to the minister. This was an administrative error made by the officer, representing the immigration office.
I was unlawful for only 4 days and as soon as I realized this, I reinstated my Bridging Visa on the next working day. Plus I explained that I would never become an unlawful non-citizen intentionally and that I am planning my life here etc etc...
After about one month I got a letter with my Citizenship appointment, which was last Wednesday. And yesterday I got the letter confirming that my application was approved, I will just have to make a pledge.

Ah, this is not exactly the same issue, but reading this helped me a lot to put together my letter to the Minister:
http://www.austlii.edu.au/au/cases/c...2010/1006.html

Hope this helps.

Eszter

mchowdhury

Thanks Ezster and congratulations.

You had a ground!

I will visit the link for sure.
Regards

karanjot1

Hi Eszter

I am in exact same situation as you. except ,that i was on 475 visa. When i got my 475 visa . visa officer told me that during the validity of that visa , i wouldn't need any other visa for overseas travel. he didn't mention anything about reinstating the bridging visa A, even when i told him that we have applied for 885 as well. When we came back. our 475 expired any ,I was under impression that my bridging visa for 885 would come in effect automatically. But that wasn't the case. I went to immigration office after 3 months to get a confirmation letter for Medicare, then they mentioned something about about bridging visa and they reinstated that. even that there was no mention of unlawful resident thing. But now for citizenship ,there is a problem in applying and they want me to apply in 2016. i m living in Australia from 2007. I read you post and thought there might be some hope.
Can you please give me some information about ministerial discretion process.
and how to apply ? did you do it yourself or with help of any migration agent?
If you can please send me the matter for letter for minister discretion.

I will be very thankful

Regards

eszter

Hi karanjot1,

I did the application myself. I prepared all the required documents for a normal (paper) application and attached a letter explaining my situation and requesting the Minister to disregard the 4 days when I was unlawful. I didn't attach anything to prove my phone calls, only the letter where I explained everything in detail, with exact dates. This is how I structured the letter:
- general circumstances (who I am, personal situation, my plans to stay in Australia for good etc)
- intention to apply for citizenship and why it is important to me
- visa situation (what I had, what I applied for when the admin error happened)
- the administrative error, highlighting that it was an error made by the immigration officer and that this was the only reason why I was not eligible for the normal citizenship application
- what I did when I realized I was without a valid visa and what I would have done before my travel if I had been given correct information by the immigration officer
- request for the minister to disregard the period when I was unlawful.

To apply for ministerial discretion, you will have to send everything in paper, so make sure you include certified copied of all your documents. When you go to do the test, they will ask for the originals.

Good luck!

goravlee

Hi Eszter,
I have a same problem for applying my citizenship. I have completed my letter writing and your above structure really helped me out to write a letter.
I have a quick question for you if you don't mind?
At the beginning of this letter we should refer to whom?
Citizenship department or minister?
Looking forward for your reply.
Regards,
Gorav

goravlee

HI All,
Is anyone please can help me out to solve this problem. I have a similar problem as other users while applying my citizenship application. I have completed my letter but not sure whom I should refer this letter?
Please help me to find a right solution.

Thanks.

moneypenny20

It wasn't an admin error though so that avenue isn't open to you. Unfortunately, harsh though it may seem, you will have to wait. Not sure it's a problem unless there's a definite reason why you need Citizenship.

goravlee

Thanks for your reply MoneyPenny.
I think it was an admin error because they failed to informed my unlawful status. I did called they before leave Australia but they said I don't need any Bridging Visa B. They did not mentioned that I need to reinstate my Bridging visa after back to Australia.
I know "Not knowing a law is not an excuse to break a Law" but for other reasons it was not my fault as well. If they gave me correct information then I would not be in this situation. Me and wife we both were granted PR last year and were eligible for applying citizenship but unfortunately I can't do it but she did. She got her letter approved.
I know I still can apply in 2015 but I think I should try once because at end I have nothing to lose and I still can gain in 2015.
Thanks.

commonwealth

Adres ltr to minister

goravlee

Hi Moneypenny,
I just want to let you know that my citizenship application is approved and now waiting for ceremony.
Thanks for everyone's help here. It is really a great forum.
GoravLee