madankumars

Hi all

I need some guidance in regards to my eligibility for citizenship.


*First arrived in Sydney Oct 2000 on 457 visa. Spent 3 years and left for London in Dec 2003.

* I got my permanent residence visa in Nov 2004, when I was living in London.

* I activated the visa on 23 March 2005, spent a week in Sydney and went back to London.

* After spending another 3 years overseas due to work reasons (mostly in New York) , I returned to Sydney in mid 2008.


The main reason I could not return to Sydney earlier was because I was financially supporting my chronically ill father back in India and could not afford to leave my job that was working on, both in London and in New York (Dad passed away early 2007).



Since I became a permanent resident before July 2007, I know that I come under the "Citizenship Transitional Act 2007" for eligibility (2 years in the last 5 & 1 year in the last 2).

But my situation is that I get sent overseas again for short trips at work (mostly NZ and Singapore).

Because of this I am extremely tight with respect to my eligibility. As per my calculations & DIAC residence calculator, I have about 3 days remaining before I lose my eligibility under the 2 year requirement (currently eligible to file on June 27 2010).


Unfortunately I am anticipating more work related travel in early 2010 spanning more than 3 days, and I will lose my citizenship eligibility because of that.


But worse is my situation in the sense that even if I try to apply under the new rules (Citizenship Act 2007) sometime later, I forsee travel adding up to more than 90 days in a 12 month period & so I don't think I will ever be eligible!!

Because I work in the IT industry, I think the new "special residence" requirement is also discriminiating against me because it doesn't cover my industry.



I have strong ties to Australia now - I have a home & my son was born here in 2009 and is a citizen by birth.



Is there way out for me to become eligible for citizenship???


Please help.

Bermudashorts

I am not an expert on citizinship matters and so my comment is just based on what you have said. So if the travel in January 2010 makes you ineligible then just don't do it! Damn sure if I told my boss I could not travel at a particular time for personal reasons then nobody is going to force me.

madankumars

I can't refuse to travel unfortunately.... and we have made some commitments to our customers which has to be honoured.

I risk losing my job if I refuse and I can't afford to do that at this point considering the economic climate, and with a little baby at home.

Bermudashorts

So you have chatted thru your predicament with your boss and they have said "hard luck"? Or are you just assuming? Because I find it hard to believe that an employer would be so unreceptive to the needs of an employee. You are not refusing to travel again, just trying to limit travel for another six weeks or so you can get citizenship.

Otherwise, well if you are not going to meet the citizenship requirments then you will need to keep on gettin RRVs for the time being.

madankumars

Actually for me to be eligible, I cannot be overseas for more than 3 days for the next 6 months (until June 2010).

I have already spoken to my employer and I know that is not possible. Travelling is an integral part of my job (it is in my job desc) and for me to not travel is the same as my employer paying me to do nothing....

Bermudashorts

OK, I mis read and thought you said January, which seemed not a long time away to ask your employer to manage without you going overseas.

Perhaps in this case you simply will have to carry on with RRV's until you change job and can build up what is required for citizenship.

ColonialCousin

Are you traveling on behalf of an Australian company/business?

I remember reading somewhere (and by that I mean somewhere on the DIAC/Citizenship website) (this was a couple of years ago when I thought I might be in a similar dilemma to yours) that time spent traveling outside Australia for work (most likely only on behalf of an Australian business) can be counted as time spent within Australia.

Time to poke around the citizenship website I think.

madankumars

I work for the Australian subsidiary of an American Company, and we service our customers in this region.

My job helps the australian sub to establish itself as a regional power so that local customers don't have to go all the way to america to get help.

moneypenny20

Sounds like you need to speak to an expert about your specific problems, wouldn't ring the help line though, they're not all reading the same information or understanding it anyway.

Check out the citizenship website and see if there's a way to discuss your situation with someone.

Sebastian

Hi,

You mentioned that your son is Citizen.
How about your wife? Is she OZ Citizen?

If she is then the residency requirement for you is different.

You can get discretion.

I have used this discretion and my citizenship in under process.

Good Luck!

Sebastian

madankumars

Son is a citizen, but wife is a permanent resident.

when did you get this discretion? was your application filed before July 1 2007 or afterwards?

Sebastian

Hi,

If your wife is not a citizen, then this discretion does not apply to you.

In my case, I am a permanant resident since April 2007, living in Melbourne. However, during the beginning of recession, I lost my job, however, was lucky to be relocated to India. My wife and kids continued to stay in Melbourne, and got their citizenship.

I was not meeting the residency requirement to apply for citizenship because of me relocating to India. However, since my wife acquired Citizenship, i am able to get that Discretion/Exemption and now i have applied for my citizenship from India and my appication is accepted and acknowledged and hope everything will go ok. Still working in India. Luckily i had completed my citizenship test during my last visit to Melbourne.

Hope this info is useful.

Sebastian

Strayan

Just be careful of people using terms of 'accepted' and 'acknowledged' when it comes to citizenship appplication. The only terms that matter are processed, lodged, approved and acquired. Nothing else has a legal standing under the Act.

Sebastian

Hi,

My citizenship application is approved and I have my citizenship ceremony on Apr 21st 2010 at the Australiam High Commision in Delhi.

For close and continuing association with Australia I used the following Documents:

My OZ Joint Bank account with my Wife.
My OZ Property Document.
My OZ Mortgage document.
My OZ driving Licence.
Marriage certificate.
Children OZ passport copy with father name (My name)


Regards

Sebastian

hoofie2002

That's interesting - I wasn't aware Australian Citizenship ceremonies were carried out overseas.