Mark

Here is a question which I think I know the answer to, but here goes
anyway..

It's regarding the qualification period before you are eligible to
become an Australain citizen. I know that you have to have been living
in Australia for two years as a permanent resident. However, my wife
was sponsored by myself and is still on a provisional visa. Does the
time she has been living in Australia on the provisional visa count
towards the two years you need before getting citizenship? And if not,
why not?

Everything I have read suggests it doesn't. Reason I ask is that we'd
both like to be able to apply for citizenship at the same time.

Any thoughts on this would be appreciated.

Thanks.

Jaj

Time spent on a provisional spouse visa generally does not count for
citizenship. There are some limited exceptions to this, which are
explained in (if my memory is correct) form 1027i on the DIMIA
website. There are also some limited exceptions applying to the
spouse of an Australian citizen.

As for why - it's a general rule in the Citizenship Act that time
spent on temporary visas does not count. A specific exemption is made
for some New Zealanders, not for other temporary visas. Even those
temp visas that lead to PR such as provisional spouse.

One of the advantages it gives the Department is that there is an
additional 2 years (ie after PR is granted) for fraud to come to
light. A PR visa can easily be cancelled on this basis, and while
citizenship can also be revoked in some circumstances, it's a much
harder process.

If you feel it should be changed, then write to your federal MP once
you become a citizen and ask him to take it up with the Minister for
Citizenship.

Jeremy


    >On 13 Sep 2003 22:18:02 -0700, [email protected] (Mark) wrote:
    >Here is a question which I think I know the answer to, but here goes
    >anyway..
    >It's regarding the qualification period before you are eligible to
    >become an Australain citizen. I know that you have to have been living
    >in Australia for two years as a permanent resident. However, my wife
    >was sponsored by myself and is still on a provisional visa. Does the
    >time she has been living in Australia on the provisional visa count
    >towards the two years you need before getting citizenship? And if not,
    >why not?
    >Everything I have read suggests it doesn't. Reason I ask is that we'd
    >both like to be able to apply for citizenship at the same time.
    >Any thoughts on this would be appreciated.
    >Thanks.

This is not intended to be legal advice in any jurisdiction