lonndongeek

This may sound like a stupid question, but does the ministerial discretion on residence requirement for spouses of Australian Citizens apply to holders of a provisional spouse visa (309).

Basically, If I can show that I meet requirements a, b and d of section 22(9) of the citizenship act, can I bring my citizenship eligibility date forward by 9 months (the time between grant of visa and my arriving over here)?

If relevant, my spouse visa was granted on 01/12/06.

Thanks

Steve

kimandken

Hi steve, even time spent here on an eta visa counts towards citizenship. Its from the first date that you enterd Australia.

Kim

lonndongeek

Sorry, but you've misunderstood my question. This residence discretion specifically relates to time spent outside Australia for spouses of Australian Citizens.

Thanks

Steve

kimandken

Sorry Steve

Kim

JAJ

If outside Australia, you need to have a permanent visa (and have entered Australia for a period of time), for section 22(9).

Time on a temporary visa only counts if you're in Australia - not outside.

moneypenny20

If your 309 was granted in 2006, why are you still on it? You should have had Permanent Residency (100) since 2008?

lonndongeek

I do have my permanent visa, but I was hoping that the 'citizenship clock' would have started ticking when I got my temporary visa.

I mentioned the temp visa date as I didn't know if the date that this was issued (before the 4 yr residence requirement came into force) would be relevant.

Cheers

Steve

lonndongeek

JAJ,

Thanks for taking the time to answer my question even if it wasn't the answer I was looking for :-)

Cheers

Steve