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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Citizenship Changes (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/citizenship-changes-443156/)

iceman Apr 18th 2007 4:28 am

Citizenship Changes
 
Regarding the new changes for 1st July. Is the new 4 year rule for visas granted after 1st July, or validated after that date.

If the latter, can the main applicant validate and the others later on (as long as it before the 12 months given)?

It still seems a bit of a grey area at the moment, so not sure what the official guidance is.

Thanks

WS Apr 18th 2007 4:33 am

Re: Citizenship Changes
 
I think all applicants need to have validated their visa before 1st July to come under the old 2 year requirement.

Tatyana R Apr 19th 2007 12:35 am

Re: Citizenship Changes
 

Originally Posted by iceman (Post 4661347)
Regarding the new changes for 1st July. Is the new 4 year rule for visas granted after 1st July, or validated after that date.

If the latter, can the main applicant validate and the others later on (as long as it before the 12 months given)?

It still seems a bit of a grey area at the moment, so not sure what the official guidance is.

Thanks

We have just received our visas and understand the case to be that you simply must be granted the visa pre July. :)

welshtony Apr 19th 2007 12:40 am

Re: Citizenship Changes
 

Originally Posted by Tatyana R (Post 4666900)
We have just received our visas and understand the case to be that you simply must be granted the visa pre July. :)

Does it actually state that on the approval letter ? you must have validated before 01 July 2007 is my understanding.

Regards


Tony Coates
MARN 0635896

Brisben Apr 19th 2007 12:40 am

Re: Citizenship Changes
 

Originally Posted by Tatyana R (Post 4666900)
We have just received our visas and understand the case to be that you simply must be granted the visa pre July. :)

I disagree, I believe you must be residing in Australia before the 1st July to fall into the 2 year rule. However I am sure there is posts on here confirming what is actually correct.

iceman Apr 19th 2007 3:46 am

Re: Citizenship Changes
 

Originally Posted by welshtony (Post 4666918)
Does it actually state that on the approval letter ? you must have validated before 01 July 2007 is my understanding.

Regards


Tony Coates
MARN 0635896

Tony,

Is this for all applicants or just me as the main applicant, and then the others before the date on the letter. I thought that perhaps it could mean the others (wife and kids) could apply for citizenship after me. Clutching at straws here, as I don't really want to spend an extra £3500 on flights as I don't think our house sale will be completed in time....

Thanks

Tatyana R Apr 19th 2007 3:51 am

Re: Citizenship Changes
 

Originally Posted by iceman (Post 4667903)
Tony,

Is this for all applicants or just me as the main applicant, and then the others before the date on the letter. I thought that perhaps it could mean the others (wife and kids) could apply for citizenship after me. Clutching at straws here, as I don't really want to spend an extra £3500 on flights as I don't think our house sale will be completed in time....

Thanks

I think you probably all have to validate if that is the case but I am sure my letter says it has now been granted so is the case but what do I know. I think I will shut up as I am the only one who seems to think this. :confused:

Jensen Healey Apr 19th 2007 4:00 am

Re: Citizenship Changes
 

Originally Posted by Tatyana R (Post 4667927)
I think you probably all have to validate if that is the case but I am sure my letter says it has now been granted so is the case but what do I know. I think I will shut up as I am the only one who seems to think this. :confused:

There's another thread on this somewhere - a VERY BIG thread! I'm pretty sure that the concensus on there is that you have to validate by the July date. Sorry.

acbh2 Apr 19th 2007 4:34 am

Re: Citizenship Changes
 
"A person is usually eligible for Australian citizenship after having lived in Australia as a permanent resident for a total of two years in the five years immediately before the date of application for citizenship (including at least 12months in the two years immediately before applying)"

This is what it says in the visa grant letter about it! Not greatly clear but we read it to be then that we have to have validated our visas before July to come under the 2 yr rule.

Which is why we are heading to Goldcoast oneway in June instead of December:eek:

Axx

Seacaptain Apr 19th 2007 4:44 am

Re: Citizenship Changes
 

Originally Posted by acbh2 (Post 4668074)
"A person is usually eligible for Australian citizenship after having lived in Australia as a permanent resident for a total of two years in the five years immediately before the date of application for citizenship (including at least 12months in the two years immediately before applying)"

This is what it says in the visa grant letter about it! Not greatly clear but we read it to be then that we have to have validated our visas before July to come under the 2 yr rule.

Which is why we are heading to Goldcoast oneway in June instead of December:eek:

Axx

Yes it say's that in ours - be have planned to go in November, we did question bringing it forward, but it's just impossible. Saying that my folks in Adelaide only got their citzenship last year - they have been there 30. Hey ho!:)

ex_exile Apr 19th 2007 6:48 am

Re: Citizenship Changes
 

Originally Posted by Tatyana R (Post 4667927)
I think you probably all have to validate if that is the case but I am sure my letter says it has now been granted so is the case but what do I know. I think I will shut up as I am the only one who seems to think this. :confused:

I thought everbody on the visa needed to have the same first entry date, ie travel together.


A person is usually eligible for Australian citizenship after having lived in Australia as a permanent resident for a total of two years in the five years immediately before the date of application for citizenship (including at least 12months in the two years immediately before applying)
You are not considered a permanent resident until after you have validated your visa

welshtony Apr 19th 2007 7:59 am

Re: Citizenship Changes
 

Originally Posted by iceman (Post 4667903)
Tony,

Is this for all applicants or just me as the main applicant, and then the others before the date on the letter. I thought that perhaps it could mean the others (wife and kids) could apply for citizenship after me. Clutching at straws here, as I don't really want to spend an extra £3500 on flights as I don't think our house sale will be completed in time....

Thanks


The main applicant can validate on their own and the dependents can validate later. If you are main applicant and arrive before 01 July, and you go back and then you all return later - only you will be able to get sitizenship after 2 years. This still may be worthwhile if you think there is a possibility you may have to return to UK before the wife and children qualify under the new rules. Then you (as the Australian Citizen) can sponsor your family back to Aiustralia any time down the track if you returned to the UK for an extended peiod.

Regards


Tony Coates
MARN 0635896

suzimc Apr 19th 2007 8:00 am

Re: Citizenship Changes
 

Originally Posted by Brisben (Post 4666921)
I disagree, I believe you must be residing in Australia before the 1st July to fall into the 2 year rule. However I am sure there is posts on here confirming what is actually correct.

From what I've read there doesn't appear to be a consensus of opinion on this particular area (i.e. whether you can just validate before the new law, or whether you actually have to be physically living there in order to qualify under the old 2 year rules) as yet. We validated last December ,but won't move for good until September most likely, so I am watching for this one carefully!

welshtony Apr 19th 2007 8:12 am

Re: Citizenship Changes
 

Originally Posted by suzimc (Post 4669035)
From what I've read there doesn't appear to be a consensus of opinion on this particular area (i.e. whether you can just validate before the new law, or whether you actually have to be physically living there in order to qualify under the old 2 year rules) as yet. We validated last December ,but won't move for good until September most likely, so I am watching for this one carefully!


Well, I'll spell it out then to make sure everyone is clear.

Go to the Immigration website and read it for yourselves:

http://www.citizenship.gov.au/law-an...irementsQA.htm

Here is the relevant extract:

Will they affect current permanent residents?
The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation.

People who are permanent residents before the commencement of the new legislation will only need to meet the current residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences.


Regards


Tony Coates
MARN 0635896

suzimc Apr 19th 2007 8:21 am

Re: Citizenship Changes
 

Originally Posted by welshtony (Post 4669109)
Well, I'll spell it out then to make sure everyone is clear.

Go to the Immigration website and read it for yourselves:

http://www.citizenship.gov.au/law-an...irementsQA.htm

Here is the relevant extract:

Will they affect current permanent residents?
The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation.

People who are permanent residents before the commencement of the new legislation will only need to meet the current residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences.


Regards


Tony Coates
MARN 0635896

Thanks Tony, but I thought the debate in the other thread was to do with exactly what constitutes a permanent resident, as there seem to be a variety of different definitions depending on the source. From what you are saying above can we assume that in this instance permanent resident is a validated permanent residency visa holder?


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