MrsB

If the new rules come into effect on the 26 Jan 2007, what would happen in this scenario:

Husband's 2 years are up on 21 January 2007

Wife and children's 2 years are up on 15 February 2007?

What would they do then? Anybody know?

JAJ

If they exempt existing PRs from the new requirements, then no problem.

If they don't, and assuming 26 Jan 2007 is the start date, then husband can apply in the short "window" before 26 Jan 2007.

Children under 16 can be added to husband's application. They do not need to meet the residence requirement.

Children aged 16 or over need to apply independently and they need to meet the residence and other requirements individually (they can also go for citizenship even if parents don't).

Wife would have to wait, unfortunately, although if there was previous residence on a temporary visa this could probably be counted (up to 2 years) against the 3 year requirement.

JAJ

Under the new law you would need 3 years PR in principle, however you could claim a credit of up to 2 years for time on a temporary visa.

So if you spend 4 years on a temp visa, then go to PR, the timescale would be 4yrs TR + 1 yr PR = 5 years in total. At least this is what DIMA have indicated to the Senate, actual policy may differ, wait and see. Not all time on a temporary visa will count, but they have said it will be interpreted broadly.

But are you really planning to wait 4 years before applying for PR. Why not apply sooner?

rammygirl

Can't on a 165!..... unless we get a business going in time to meet requirements but as a low turnover high profitability (consultancy) business it would probably take a year or two to build up to that sort of level, then 2 years to meet the requirements so...... Decided that 165 was therefore less risky than 163 for us as will definately get PR after 4 years (if we behave). Still intend to persue business activities but it gives us breathing space...if not any benefits etc. the overseas fees for higher Ed being the stinger...am pushing the year out thing!
Still nice to know we might not have to wait 8 years for citizenship.

MrsB

Thanks for the reply!

Is that really true about children U16 not needing to meet the residence requirement? I read the citizenship notes and it just said they could be added - it didn't mention either way whether they had to meet the residence requirements or not??

JAJ

Children under 16 do not need to meet residence requirements. However they must be permanent residents and have an Australian parent, or a parent who is applying for citizenship.

There is no extra fee to include a child on your application. Child does not have to attend a citizenship ceremony but will not become a citizen until you do.

MrsB

Thanks for the reply - thats great news for our family anyway!