Nette

I qualified for australian citizenship on 21 August but due to personal circumstances I had to return to the UK last week (departed Australia 24th August) and, at this stage, I am not sure when I will be able to return to Australia.

According to Immigration I can apply for my citizenship from the UK but I have a couple of questions re the application form (1300T)

The form states that 'your application cannot be processed while you are out of Australia'?? Am I using the correct form as I was told by someone on the immi.gov.au helpline that it is possible to apply from the UK??

If I am using the correct form, it also asks which council is my preference for citizenship ceremony?? Do I just put London (Am I right in thinking that both the citizenship test and ceremony are done in London?)

Prior to leaving Australia, I got a friend to complete the proof of identity form (1195) However, proof of identity is also required in the 1300T citizenship application form. Do I have to complete both proof of identity forms or will the 1195 do? (As I already have it done!)

Finally, if I am able to complete my application whilst in the UK, does anyone know roughly how long the process takes?

Many thanks for any advice... as I am unsure of a return date to Australia at the moment, I am keen to get this sorted asap!

moneypenny20

You can apply from overseas, however I don't think you can do the test and have the ceremony overseas (although they can be done in exceptional circumstances). If you're overseas when you apply and have no idea when you are going to be able to come back, DIAC could determine that you are not intending to live and work in Australia but just have the convenience of the passport.

Is there a reason why you can't leave it until you get back, whenever that may be? If it's because your visa is due to expire, you'd be better off applying for an RRV.

Nette

Oh, crikey! This totally contradicts what DIAC told me in March.

I was told that I could apply from the UK but that if I did the WHOLE process (i.e., application, citizenship test and citizenship ceremony) had to be completed in the UK at the 'Embassy in London'

If I have been given bad advice (again!) by DIAC (I have the person's name, date and time of the call) do I have any comeback?

I have not booked a return date to Australia at the moment due to family circumstances and personal reasons but wanted to secure my citizenship now, as if I do not apply now, I expect I will be out of Australia for more than the 90 days in the year prior to application and didn't want to wait to gain my citizenship another year.

Thanks for any more advice offered... how stressful can this whole immigration process be?!

moneypenny20

Oh look I could well be wrong but I searched the DIAC and AHC sites and could only see what I put earlier. JAJ will know but you'll have to wait for him to pop in as he doesn't reply to queries via PM or email or he'd be completely inundated. With a normal company I'd suggest ringing the AHC but customer service is not their strong point. Is it possible for you go get there for 9am one morning and actually speak to a person face to face?

Bermudashorts

I agree that it needs a JAJ to comment properly, but I must admit my first reaction was i.e. that you put in a citizenship application and then left the country. I really really think that you should have hung on until you got your citizenship through.

If you do not get a decisive response on here, then can I suggest you seek a professional opinion because this is a pretty serious matter.

DIAC are not there to give advice, they are there to enforce the regulations. If you want advice then you have to pay a professional for it, as such I doubt there will be any comeback.

madankumars

I am on a similar boat as well and would like some clarity on this...

If I become eligible for citizenship (leave the country after I satisfied the residency requirements), can I apply for citizenship at an overseas mission?

thanks a lot !!

Bermudashorts

Why on earth don't you just wait? Why take the risk....

Nette

I wouldn't have 'taken the risk' if I hadn't have needed to get back to the UK asap. As stated on the citizenship application i contacted the 'department for advice.' Upon being told by them that I could do the whole process from the UK, I thought their advice good enough to take... silly me!

Bermudashorts

It just sounds odd, I have never heard of anyone getting citizenship after they move back to their home country ... but fingers crossed it is ok though.

Oh and the taking a risk comment was to the other person, the one I quoted btw.

Nette

Yep, I agree and that is why I contacted DIAC for clarification... which of course, has now only confussed me further!

I have now contacted a migration agent to see if they can help.

Thanks for your input... I'll keep everything crossed

madankumars

Remember that you have to lodge your application (if it is legally possible) within 90 days from Aug 24th, or you'll become ineligible again.

Bix

Agree with Madankumars about the 90 days.

It's based on this qualification:

The new residence requirements for in the Australian Citizenship Act 2007 mean that applicants will need:

• four (4) years lawful residence in Australia immediately prior to making an application for Australian citizenship with at least 12 months as a permanent resident, and
• absences from Australia of no more than 12 months in total in the four (4) years prior to application, and no more than ninety (90) days in the 12 month permanent residency period prior to application.

Bix

This seems to confirm that.

moneypenny20

Well that's good news. Strange it doesn't say anything about ceremonies though.

Bix

True.

Finding anything about it is a bit needle in a haystack.
There do seem to be contradictions on the DIAC blurb and forms.