Mr Pants

We got our visa's on the 30th December 2005, have just got back from a great trip vailidating them.

We always intended to make the final move in a couple of years time (work and children issues) so we would have been in Oz for 2 years out of the 5 to apply for citizenship.

However the intended new rules mess us up, having to spend 3 out of 5 years by the time we apply for citizenship.

My question.

Do we have to apply for citizenship, and hence spend 3 out of 5 years, within 5 years of the 30th Dec 2005 or is it just sufficient to go out in, say 3 or 4 years time and then apply for citizenship 3 years later, which will mean applying about 6-7 years from visa grant? Sorry but just can't get my head around the intended new rules as to how they effect us.

Any help greatly appreciated.

JAJ

Basically you will need to live in Australia for 3 years, then apply for citizenship.

Mr Pants

Thanks, but do we have to live in Oz for 3 years within the next 5, ie by the 30th Dec 2010, or just 3 years from when we move out which means the end of the 3 years expires after the 5 years on the visa?

JAJ

3 years as a permanent resident.

It doesn't have to be in the 5 years from when your visa was granted, at the same time if you put off moving for too long your visa will be expired and your PR probably gone for good. Read form 968i:
http://www.immi.gov.au/allforms/pdf/968i.pdf

It's really not a good idea to try to "push the envelope" in terms of thinking about how long you can stay outside Australia. For a simple life you do need to move proper within 3 years of visa grant.

crawling

On the rules today this would be technically possible but things change... any changes may not be favourable to you, who knows? You may get into problematic RRV issues if you needed to leave Australia after the initial 5 years also.

I looked at this simply so I would know the limit of what was possible... the longer timescales were too stressful to bother with in my opinon.

Jam

    > > Thanks, but do we have to live in Oz for 3 years within the next 5,
    > > ie
    > > by the 30th Dec 2010, or just 3 years from when we move out which
    > > means the end of the 3 years expires after the 5 years on the visa?
    > 3 years as a permanent resident.
    > It doesn't have to be in the 5 years from when your visa was granted,
    > at
    > the same time if you put off moving for too long your visa will be
    > expired and your PR probably gone for good. Read form 968i:
    > http://www.immi.gov.au/allforms/pdf/968i.pdf
    > It's really not a good idea to try to "push the envelope" in terms of
    > thinking about how long you can stay outside Australia. For a
    > simple
    > life you do need to move proper within 3 years of visa grant.
    > --
    > This is not intended to be legal or professional advice in any
    > jurisdiction

Hi, When do the changes come into place for 3 years before applying for
citizenship instead of 2. Does anyone have a quick answer. Thanks

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You only need to be IN Australia as permanent resident for 2 years, NOT
3 years to be a citizen.

http://www.citizenship.gov.au/how.htm

Pollyana

Correct at present, though the Act is due to go through soon to make it three years.

biggy

anybody got any more info on when its likely to take effect?

JAJ

According to http://www.citizenship.gov.au it's likely to be 1 July 2006.
But the legislation must first be passed by parliament.

biggy

yeah I thot that, we have our application ready to go in on 30th June lol not that another year makes any difference, we are here for good anyways

bipsich

But IF I got a letter and PR that after 2 years living in Aus I can apply for citizenship. I hope that legaslation if it is going to be passed will affect only future applicants. Otherwise it is not fair.

saraliz

At the moment it looks like it will effect *everybody* who doesn't have citizenship when the law is passed, not just future PR applicants. And to quote my mother, "Life is not fair!"...

Mr Pants

I'm with Bipsich on this one but unfortunately saraliz's mother is absolutely right.

bipsich

What is the chance that it does not pass (the legislation) ?