moores2525

Hi there,

My OH and I were in Australia with a 457 temp visa for one year between 27 July 2008 - 31 July 2009, I was made redundant while in Aus and lost the visa (removed during August 2009 while we were travelling home via Asia).

I now have a permanent 175 visa and need to enter Aus to validate it before March 2011. However I read somewhere that if the visa is not validated within a year of leaving the country after a previous temp visa stay, that the time in Aus previously is erased and does not count toward the 4 year period for citizenship?

Is this true? If so I would rather fly into Aus to validate before the end of July and hold onto the previous year towards citizenship.

Thanks,
Stewart

JAJ

The time counts but only if it is within a 4 year "window" when you apply for citizenship.

louie

So in other words, unless you move to Australia before the end of July (at which point you will have been out of Australia for a year), no it won't count because it will not then be possible for you to have spent three out of the previous four years there including that time.

For example - say you move to Australia on 27 July 2010. On 23 July 2012 you look back four years and will have spent the following time in Australia:

27 July 2008 - 31 July 2009 (one year + 4 days)
27 July 2010 - 23 July 2012 (two years - 4 days)

Total 3 years. One year absence ignored, so four years for citizenship purposes. You would qualify.

If you did not move until eg 5 August 2010 and come to look at your dates two years later, the time will be:

27 July 2008 - 31 July 2009 (one year + 4 days) BUT 27 July - 5 August 2008 disregarded as being more than four years prior to citizenship application date so only counted as one year - 9 days.
5 August 2010 - 5 August 2012 (two years)

So not enough days. And every day you accrue going forward is matched by one falling out of the calculation in 2008, so you will not qualify until you have been present in the country for 3 years (as 12 months absence is ignored) which would be 5 August 2013 if you didn't leave Australia at all between August 2010 and August 2013.

moores2525

Thanks for your replies guys. I'm assuming as well that I would have to physically move and stay in Aus by the end of July, rather than validate the Perm visa and fly back to the UK. Is that correct?

JAJ

All the information you need is in post #3, from what I can see.

By the way, all family members must "validate" if not moving straight away.