MeinMel

I have applied for my citizenship the day I would have completed 4 years since arriving in Oz. However in my last 12 months prior being eligible I spent almost 170 days overseas, basically most of the last 6 months overseas I applied for ministerial discretion based on the fact my partner is Australian Citizen, I travel for work and maintain my ties to Australia, etc... I had to provide some evidence, including stat decs, etc other than that it was straight forward. Good luck.

gdoubleu

Very well. I certainly can provide evidence towards my ties.

Looking at your signature, was it as recent as Sep 2013?

madmocca

Hi, I am new to this forum and have an extremely unique case that I would like to share would appreciate some advice on.
My wife (US Citizen) has been PR of OZ since 2009 where we have lived from July 2007 - July 2013. She applied for Oz citizenship in June 2013 and was approved before having to leave country to attend wedding in US.
She had a Citizenship ceremony arranged for November 2013, but when visiting the US found out one of her Grandmother had cancer and died a short time later. Her other Grandmother was deteriorating with Dementia. She has been in the US since then attending to her Grandmother while I have returned and finishing green card process so I can be with them.
We only just realised that her PR will expire March 12, 2014 and I was hoping to get an emergency ceremony in Washington as she is in US with our 2 kids (dual citizens) and would be very hard to return as there is no care for her Grandmother.
http://usa.embassy.gov.au/whwh/DIAC_...alandTest.html
DIAC have not been a great help over the phone and I'm not sure what else we can do.
She could get a RRV to extend the PR which could give her residency, but I have read if she doesn't get Citizenship within 12 months of approval of her application then it would reset and she would need to do 4 years in Oz again.
It would be difficult for her to return within the next few months to attend a ceremony here.
Not sure what I can do?

maulajatt

Hello madmocca,

I recently checked with the AHC washington DC and they told me We can get the Citizenship ceremony here with approval from department, however the lady i spoke to was not clear about what exact steps should i take to get the approval. DC embassy people need to get instructions from department about such cases to accommodate them for ceremony. What I could figure out from people's experience shared on various forums, I think contacting the CO who took interview/verified the document during the test would be best. Else calling the department and explaining the situation will be second best option.

madmocca

HI maulajatt,

thanks for the response.
Yes I had my wife call Washington and they pushed back sayingw e would need to contact Ceremony department where application was submitted.
I then contacted that department via email and via phone and they said our scenario did not warrant a ceremony in the US.
If our scenario is not enough, then what IS?
I ended up completing the Return Residency application online and it looks now to be completed.
I might try a local House of Reps member to see if anything that can done to warrant a ceremony in Washington.
Otherwise, we are somehow going to have to book in for a ceremony here before June and my wife will have to fly back here for it.

romzes

I am looking to apply for my citizenship with the ministerial discretion s22(9) – de facto partner of an Australian citizen.
In a nut shell:
- Subclass 309 granted October 2009 in NZ
- Arrived in Australia December 2009 to validate the visa
- In January 2010 left for 11 month with my partner to continue with my Uni course
- Returned to OZ end of 2010 permanently

After arriving to finally settle in Australia, I lost two members of immediate family overseas and had to spend several months there, while my partner was in Australia
Further in OZ:
- Subclass 100 (PR) approved beginning of 2012. At that time I commenced a PostGrad Uni course overseas via distance education, which required me travelling frequently out of the country for block courses, exams and several research project presentations. All together spent about 3 months in the past 2 year as a PR overseas.
I understand there is no provision for the time spent with an Australian partner on 309 overseas be counted as time spent in Australia and I have no problem with that.
I am looking at working for the public service, where Australian citizenship OR in some instances ability to obtain citizenship is a major prerequisite. Does anyone think applying with the discretion is the path worth following? Considering it will save several month? If save at all?
DIAC encouraged to apply, however suggested that the application process takes time and discretion may not be as straightforward.
My partner and I have an impressive portfolio of ties to Australia, tax returns, property, family and moreover looking to work in the public service and now been here for 3+ years although with travels..
Sorry for the long spill, but need to hear some opinions before making a decision.

old.sparkles

Have you tried putting your dates in the citizenship residence calculator to see when you can apply. You have more than 4 yrs now since the clock started when you validated the first partner visa but you can't be out of the country for more than 12 months so you need to add that on to Dec 2013. Have a check and see what date it gives you - http://www.citizenship.gov.au/applyi...l_app_process/ - it's under residence requirement

romzes

Hi old.sparkles!

Thanks for the reply!
I have done it before and it spits out June this year, if I get time spent as a PR overseas counted through discretion it will make me eligible end of Feb.. not sure whether to apply now or hang in till June.. What do you think?

old.sparkles

I'm not sure how ling it takes to apply with ministerial discretion, but June is only a few months away.

us-aspirant

Hello Everyone,

my wife got her Australian Citizenship thru Ministerial Discretion whilst we are currently in USA.

Australian Citizenship website and instruction PDF on the site has all the information what to submit. It was actually very straight forward and she also got her Australian Passport here in USA.

Hope this helps. Good luck..

gdoubleu

I have also applied under the 22.9 discretion, on 06FEB. I will report back here when it's completed.

I had the misfortune to apply while on a business trip overseas. Despite having started an application prior to leaving, and upon resuming it, I was asked for my current "residence country". The system ultimately knows that you are overseas, and considers your are living overseas when you apply from abroad. This had other ramifications. You could not enter an AU address as your residence, it had to be an address in the country where I was.

The OCU (Overseas Citizenship Unit) contacted me promptly to request supporting documents to be mailed since scans could not be accepted. I had them change my residency address to AU, and my application went back into the onshore stream where those requirement do not apply.

As far as my application is concerned, I tick all boxes for the citizenship except for the 90 days in AU in the past 12 months. My work is such that I spend more than 90 days (but less than 110) overseas on any given year. Hence the application under 22.9.

Also, my Australian wife does not usually follow me when I go overseas, for various reasons, but this is not a red flag as the Act does not enforce that. Merely, the Australia Citizenship Instructions (ACIs) suggests that the Australian spouse should be with the applicant when overseas. Doing some further research, I have found there are several Tribunal cases where judges highlight that those instructions shall be used as a guidance only and are not laws. I have objectively documented my request presenting all facts, let's see what happens!

aussiecitizen

Hello Everyone,

I am new to this forum, would require some help and support.

I am an australian citizen living in australia from past 6 years.

My wife entered Aus in April 2012 on 309 visa but was granted 100 (PR) last year in feb 2014. I have 2 kids, both are Aus citizen.

My wife will be eligible for citizenship in April 2016 but we are planning to move overseas in the next few months permanently. I am wondering how do I apply for my wife's citizenship?

Can I apply for residence exemption through minister's discretion now that she has completed 3 years in Australia with more than 1 year on PR. She has only been out of Aus for approx 75 days in past 3 years or Do I wait until April next year and apply from overseas? Will she be eligible considering the fact that she will not be in Australia for almost 1 year?

Please share some experiences if anyone went through a similar situation.

Thanks for all the suggestions in advance, your help is much appreciated.

Pollyana

You don't apply for it. Its her citizenship, she has to apply herself.

If she satisfies the residence requirements she should be able to apply from overseas. She won't get Ministerial Discretion just because she wants to leave the country.

aussiecitizen

Thanks for the info Pollyana. But my question is will she satisfy the residence requirement? She will have 3 years of residence in australia and last 1 year overseas. I just wanted to make sure she will get the citizenship overseas after april 2016.

Pollyana

Have you read the rules on Australian Citizenship – Becoming an Australian Citizen

To satisfy the residence requirements you must have:

4 years lawful residence in Australia. This period must include 12 months as a permanent resident immediately before making an application for Australian citizenship
and
absences from Australia of no more than 12 months in total in the 4 years prior to application, including not more than 90 days in the 12 months immediately prior to application.