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Citizenship character requirement/time elapsed

Citizenship character requirement/time elapsed

Old Mar 21st 2024, 1:38 pm
  #1  
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Default Citizenship character requirement/time elapsed

Thanks for your reading, I applied for A.C.C on my own steam in Immiaccount since I am eligible having lived /worked for the past 8 years.

Now, during this long stay there was some d.v allegation by my Viet ex- partner, whom I sponsored on partner visa 309 along with two kids back in 2016. The ADVO lasted 2 years and there was 1 year of good behavior imposed but no other penalty

Also several traffic infringements~all paid via tickets but 4 that I contested in court. failed to convince the judge on 3 but for 1 i got a sec 10 B dismissal with good behaviour bond.

I have declared all the adverse information on my application and during the interview / test at Parramatta. Fortunately passed it with 100%

I gave a stat Dec saying that I have reformed and am penitent after these cases took place in Sydney/ Burwood court more than 4 almost 5 years ago. I gave 3 character referees and the AFP record

I sent our children to CVPS school in Canley vale after separation. And paid child support ...underwent counseling and contributed to the community by volunteering etc

How much Significant time is supposed to have passed since the misadventures/ 3 convictions of assault ? My job is on ABN self employed courier operations for most of the time if that holds any water with DIBP/ DHA.

Do I need a formal migration agent who can represent my case as a MARA authorized representative? Or is self explanation okay with almost all 60 attachments fulfilled on Immiaccount

What are my chances In case the application is delayed or denied and further processing at AAT is required...please advise.
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Old Mar 21st 2024, 9:31 pm
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Default Re: Citizenship character requirement/time elapsed

Looking at the immi page, there are some conditions where they cannot approve - https://immi.homeaffairs.gov.au/citi...nt#Eligibility

Are you in Australia at the moment? Are you still under the good behaviour bond? You can see the reasons in the link.

There is also info on processing times -
  • 90% of applications are processed within 16 months
  • 90% of approved applicants will have the opportunity to attend a ceremony within 7 months of approval
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Old Mar 22nd 2024, 11:31 am
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Default Express reasons for denial not applicable/ elapsed 5 months

Thank you for replying OSNone of these reasons!
Just had RRV 155 approved, actually a month prior to lodgement Ctzn app
Am concerned if DIBP and DHA are different depts.?
And they investigate/ check deeper for Citzn apps as opposed to Visa apps

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Old Mar 22nd 2024, 11:43 am
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Default Re: Express reasons for denial not applicable/ elapsed 5 months

Originally Posted by chapkenv
Thank you for replying OSNone of these reasons!
Just had RRV 155 approved, actually a month prior to lodgement Ctzn app
Am concerned if DIBP and DHA are different depts.?
And they investigate/ check deeper for Citzn apps as opposed to Visa apps

DIBP is one of many now-outdated names for the immigration department. I think they are currently known as Department of Home Affairs (this week at least).

I don't think you'll find anyone on here who can actually answer your concerns, unless one of the agents drops by. You might want to seek out a MARA agent yourself for a consultation.
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Old Mar 22nd 2024, 12:47 pm
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Default Thanks Pollyana

Always grateful for your responses Pollyana was looking to save some big bucksHowever, do not wish to leave any stone unturned and risk denial so am going to consult with on ground legal experts in Sydney as per you all's advice c h e e r s
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Old Mar 22nd 2024, 10:04 pm
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Default Re: Express reasons for denial not applicable/ elapsed 5 months

Originally Posted by chapkenv
Thank you for replying OSNone of these reasons!
Just had RRV 155 approved, actually a month prior to lodgement Ctzn app
Am concerned if DIBP and DHA are different depts.?
And they investigate/ check deeper for Citzn apps as opposed to Visa apps
Can I suggest you update your location then which says you are in Vietnam.

As processing can take 16 months or more, are you still inside this time period?
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Old Mar 23rd 2024, 9:19 am
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Default Re: Citizenship character requirement/time elapsed

Originally Posted by old.sparkles
Can I suggest you update your location then which says you are in Vietnam.

As processing can take 16 months or more, are you still inside this time period?
Many thanks ol'sparkles! Yes, updated location to onshore with RRV status obtained in 08/2023 and then immediately after applied for ACC in 9/2023.
.

Very much still inside the timeframe that you mentioned, but have heard or read of some lightning fast decisions for straightforward and well represented applications getting approved on the same day as the 'citizenship test'?!

Since I passed that particular
​​​​​​ 20- civics-questions test after the interview, but was frowned upon during the interview itself due to domestic and traffic violation convictions (despite being a minor ones) I wish to play it safe and try to minimize risks of citizenship denial and then having to find legal counseling in order to appeal the AAT.

So, in hindsight, if I consulted a legal (immi & criminal law) expert who starts to then represent me and communicate with DHA via the MARA authorized representative albeit 6 mos post-lodgement, some light may fall on potential greying and troublesome aspects of said application.

Last edited by chapkenv; Mar 23rd 2024 at 10:51 am.
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Old Mar 23rd 2024, 9:52 am
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Default Re: Citizenship character requirement/time elapsed

Originally Posted by chapkenv
Many thanks ol'sparkles! Yes, updated location to onshore with RRV status obtained in 08/2023 and then immediately after applied for ACC in 9/2023.
.

Very much still inside the timeframe that you mentioned, but have heard or reaf of some lightning fast decisions for straightforward and well represented applications getting approved on the same day as the 'citizenship test'?!

Since I passed that particular
​​​​​​ 20- civics-questions test after the interview, but was frowned upon during the interview itself due to domestic and traffic violation convictions (despite being a minor ones) I wish to play it safe and try to minimize risks of citizenship denial and then having to find legal counseling in order to appeal the AAT.

So, in hindsight, if I consulted a legal (immi & criminal law) expert who starts to then represent me and communicate with DHA via the MARA authorized representative albeit 6 mos post-lodgement, some light may fall on potential greying and troublesome aspects of said application.
I just rechecked my own timings - I got the letter confirming I was approved 1 month after the test. This is a few years ago now and was straight forward, so don't know how that compares now. And it was a physical letter not email.

Ceremony was another 3 months after the letter.
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Old Mar 23rd 2024, 10:14 am
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Default Re: Citizenship character requirement/time elapsed

Originally Posted by chapkenv
Many thanks ol'sparkles! Yes, updated location to onshore with RRV status obtained in 08/2023 and then immediately after applied for ACC in 9/2023.
.

Very much still inside the timeframe that you mentioned, but have heard or reaf of some lightning fast decisions for straightforward and well represented applications getting approved on the same day as the 'citizenship test'?!

Since I passed that particular
​​​​​​ 20- civics-questions test after the interview, but was frowned upon during the interview itself due to domestic and traffic violation convictions (despite being a minor ones) I wish to play it safe and try to minimize risks of citizenship denial and then having to find legal counseling in order to appeal the AAT.

So, in hindsight, if I consulted a legal (immi & criminal law) expert who starts to then represent me and communicate with DHA via the MARA authorized representative albeit 6 mos post-lodgement, some light may fall on potential greying and troublesome aspects of said application.
I can't see how an a migration agent can have any affect on whether or not the DHA approves your citizenship application, as the application has already been lodged.

If your application is refused then it would be a good idea at that stage to get advice from a MARA agent.

Domestic violence is a serious offence in Australia. From the DHA:

You must meet the character requirements if you are applying for:
  • a visa
  • Australian citizenship
You may not meet the character requirements if:
  • you are or have been convicted of a domestic violence offence or have ever been subject to a domestic violence order
https://immi.homeaffairs.gov.au/help...ents/character
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Old Mar 23rd 2024, 3:40 pm
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Default Re: Citizenship character requirement/time elapsed

Originally Posted by old.sparkles
I just rechecked my own timings - I got the letter confirming I was approved 1 month after the test. This is a few years ago now and was straight forward, so don't know how that compares now. And it was a physical letter not email.

Ceremony was another 3 months after the letter.
WIlling to be corrected if anyone has a different experience, but I don't think I've ever come across anyone who got approval on the same day as the test itself, and there's always been a physical letter sent out for the approval.
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Old Mar 30th 2024, 8:27 am
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Default Re: Citizenship character requirement/time elapsed

My application was approved on my immigration account when I got home after the test. The letter took two weeks to arrive though.
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Old Mar 30th 2024, 1:45 pm
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Default Re: Citizenship character requirement/time elapsed

Originally Posted by rammygirl
My application was approved on my immigration account when I got home after the test. The letter took two weeks to arrive though.
Nice one! Mine was in pre-Immi account days.
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Old Apr 20th 2024, 10:38 am
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Default : Citizenship character issue - solved

Hello All
and thank you for kindly responses to this thread.
I was on the verge of submitting on the second last day of the 28 day time frame given by the CO, after drafting a cohesive write-up of 1000 words to the 'invitation to comment on adverse information', which was basically the same AFP police recorded charges that I had already front loaded with my Immiaccount application. That write-up would address the primary and secondary considérations of an ACC grant despite a criminal record and appeal for the Honourable Minister's discretion. I only went and consulted some two immigration agent / lawyers. However, since I had filed the application myself, I didn't appoint them.

Seems like the attached documents "other" than identity and residency calculator were sufficient enough,

They were basically :_long term employment _community service & charitable work_ behavior change & relationship dispute resolution _ defensive drier program participation _active parenting & child support _volunteering etc and off course court sentencing orders and an explanation of the not guilty plea which worked in my favour

Time elapsed since completion of the 12m good behaviour bond was almost 5 years, and 7 years from the actual DV offending, seems like the Dept forgave me in the course of natural justice. And the honourable delegate granted me ACC on day 22 since the good outweighed the alleged badness.

Ps, I didn't even have a chance to submit since I was waiting for a couple more character references, in addition to the ones provided by my children, my brother, my landlady and a good friend. All except the children's ones were Stat Devs countersigned either by a JP or a Police officer.

Last edited by chapkenv; Apr 20th 2024 at 10:45 am.
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Old Apr 20th 2024, 12:02 pm
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Default Re: Citizenship character requirement/time elapsed

Thanks for the update. Glad it all worked out in the end.
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