Morninchile

Hi, I have read the other post 'Ministerial Discretion s22.9', but none of the application scenarios apply to me.

I moved to Oz in June 2008 on a WHV. I found employment with the CBA straight away and was sponsored on a 4 year visa in January 2009.

On April 9th 2013 I was granted PR.

In between all this I met my girlfriend, in February 2011. She is currently still PR and is eligible for citizenship in November, this is due to her forgetting to apply for a Residency Return Visa. She has been in Australia 10 years. We've been together just over 5 years.

Here's where it gets difficult...

In 2013 her father had a stroke. We were going to apply citizenship together as her parents were also resident, but this prevented us. In 2014 they confirmed a misdiagnosis. It was actually Motor Neurone Disease (ALS). Again, coping with life got in the way of the application.

In January 2015, my Mum in England was diagnosed with terminal cancer. I moved back on April 11th to look after her full-time as her live in carer.

I didn't check to see what my eligibility for citizenship was. I spent any time not working and saving googling cancer cures, treatments, case studies etc...she was given 6-12 months from January 2015.

Well,my Mum was a battler and survived until April 2nd 2016. Her funeral was April 15th.

My girlfriend Ruth moved back to help in March and a week after the funeral we had a trip away. I came back at the start of May and started doing the hard stuff. Wills, insurance companies, MOTs, clearing out the house etc...I then looked into returning to Oz, but this stuff takes time. I fly out July 4th.

So, I think it's about time I get my citizenship right?! After all, I've been through enough and I'm $80k worse off due to dedicating my life and I've lost my Mum (my best mate).

I check the dates and wow. I have to wait until 2019!!!

I had no chance of coming back in between. As soon as I got back it was radiotherapy, then chemotherapy. Her partner kicked us out as he couldn't cope, so we needed to get a rental. Then she had spinal cord compression and subsequent surgery in September. My sister came over to help for a few weeks after the surgery, to give me a break. But, their was no way I was going outside of Europe in case she suddenly died due to complications. They did not give her blood thinning drugs post surgery and she was already on daily injections by myself, due to an embolism. I couldn't risk it. Even if I'd known about the year it's a tough call...citizenship over your own Mum!

In January, she became seriously ill and collapsed in my arms. She was in hospital for a month, came home and detioruated rapidly. Was placed on a syringe driver and passed April 2nd.

Their was no family to look after her full-time. My sister said she'd have just put her in a hospice. Without me pushing it she'd have been paralysed according to the surgeon, by September.

Everyone here thinks I'm a bloody hero. 18 months of your life dedicated, watching your Mum pass. All the hard yards by yourself pretty much. Minimal assistance from my sister. Plus the $80k kicker.

Additionally, I spent 4 weeks on holiday in late 2012. 6 weeks in UK / Europe in their summer 2013. 3 days in NZ and 10 days in Thailand in 2014.

So...I'll obviously take this up when I get back. As I want to get my citizenship asap. Life's short and if needs be I'd do it again for my uncle, who is older than my Mum was.

Do you think I have a case on compassionate grounds? After all...what is more Australian than mateship and doing the right thing. I know the average Australian would say good on ya, but will the government.

I obviously have all supporting documents re the cancer, rental agreements, carers allowance etc...

Thanks in advance.

Joe

quoll

Well done on doing the right thing for your family!

Sadly the rules is the rules but you could make your case and get on with whatever they decide. So, if it is another 4 years, so what?! You still have PR, you can still live in Australia, you can get a RRV if you need it and you have the clearest of consciences. Citizenship is nice but so is knowing you did the best that you could.

Edited to say, these are the grounds for ministerial discretion so I would say not

If you were in Australia unlawfully as the result of an administrative error, then that period of time may be treated as lawful residence.
If you were in Australia lawfully but not as a permanent resident as the result of an administrative error, then that period of time may be treated as a period of permanent residence.
If you were in Australia lawfully, but not as a permanent resident, then that period of time may be treated as a period of permanent residence if you would otherwise suffer significant hardship or disadvantage.
If you were in prison or a psychiatric institution, then that period of time may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances that led to your confinement.
If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.

Morninchile

Thanks for getting back to me so fast...and thanks for saying I did the right thing. People who haven't experienced this have no idea. Toughen up princess, get back to reality, you've already a holiday are just some of the lovely things I've been told by family and friends.

I checked the website over and over and unfortunately over again (lol) before I posted. I should have said really.

I guess the kicker is that due to her Dad also being sick she never applied for citizenship (her folks got citizenship in September 2015).

If she had have done I would be OK, but, she wanted to wait until I was back! Unlucky is my middle name!!

I have no intention to leave Oz permanently unless it's to look after a relative, or, maybe for work. I had a cracking offer in early 2015 that I had to turn down. It was 6 months in AU, 6 in the Phillipines. If I got an offer like that again I might never get my citizenship!!

With her Dad likely passing within the year it's likely that I'll have to return again. I've also got to find work and could do with a proper break away and I've yet to have time to grieve.

I'm going to write to them anyway, you never know. Plus, I read somewhere their is an appeal tribunal, but I guess to get there I'd need to be eligible to apply?!

I'd like to get the ball rolling, even if they say it's better to wait until she has citizenship / I've been back a year.

Maybe Fragomen could help? They did my PR after all.

Bermudashorts

I applaud you on doing the decent thing for your family and so I am sure would many others. You will always know that you did the right thing and will never be left wondering if you could have done more, which I hope will provide some comfort for you now and in the future.

But you are wasting your time here. There is no chance whatsoever of you getting citizenship without meeting the criteria as citizenship is not granted by discretion or on compassionate grounds. Waiting a year or until you partner gets citizenship will not make a jot of difference.

The good news is that you have PR, you can return to Australia and enjoy almost identical rights and privileges of any citizen. Until such time, yes you do have to turn down jobs that would mean working outside Australia like anyone else, it is not an option with the citizenship clock running.

Go back and restart your citizenship clock, once you get back into regular life it will soon pass.