Originally Posted by xhuyx

i am 3.5 months already and still waiting for a test appointment.

Originally Posted by whtzau

Hi Xhuyx, are you onshore and offshore applicants ? Thanks.

Originally Posted by xhuyx

Onshore, been asked to submit additional docs 3 weeks ago. Submitted and still waiting for test appointment.

Originally Posted by whtzau

any supporting documents we should submit together when sending application?

Originally Posted by xhuyx

Every case is different, I would have no idea what they will ask you to provide with your application. The only way to know is to submit your application and the case officer will let you know what documents you need to provide depending on your situation.

You should also check out the Citizenship Instruction, they'll let you know what evidence you should provide.

I quote the requirement they ask from me:

In all cases, applicants must provide evidence that they maintained close and continuing association with Australia while overseas. Factors that may demonstrate this close and continuing association with Australia include but are not limited to:
· evidence that the person migrated to and established a home in Australia prior to the period overseas
· regular return visits to Australia
· intention to reside in Australia – real estate, storage, superannuation statements, insurance, car ownership
· the person has been on leave from employment in Australia while accompanying their spouse or partner overseas
· ownership of property in Australia
· evidence of income tax paid in Australia over the past four year and
· evidence of active participation in Australian community based activities or organisations.
· Insurance policies showing joint beneficiaries.

Good luck.

Originally Posted by whtzau

Thanks a lot, I will start to prepare supporting documents for factors as above. Thanks again.

Originally Posted by whtzau

As per latest version ACI (Australian Citizenship Instructions)
-https://www.border.gov.au/Citizenship/Documents/acis-june-2016.pdf,

there is "
evidence that they were overseas with their Australian citizen spouse and they maintain a close and continuing association with Australia
during that period ".

And I can not find such requirement in ACI 2014

For my case, I sometimes travel to my home country only with Australian children as my husband has to work in Australia. For some of my overseas travel, I can not present such evidence which my Australian husband was with me for some of overseas period.

By checking Australian citizenship act 2007 and it seems like this is just guidance and not a compulsory requirement to seek sec 22(9) discretion.

Any opinion for this point would be highly appreciated.

Originally Posted by whtzau

As per latest version ACI (Australian Citizenship Instructions)
-https://www.border.gov.au/Citizenship/Documents/acis-june-2016.pdf,

there is "
evidence that they were overseas with their Australian citizen spouse and they maintain a close and continuing association with Australia
during that period ".

And I can not find such requirement in ACI 2014

For my case, I sometimes travel to my home country only with Australian children as my husband has to work in Australia. For some of my overseas travel, I can not present such evidence which my Australian husband was with me for some of overseas period.

By checking Australian citizenship act 2007 and it seems like this is just guidance and not a compulsory requirement to seek sec 22(9) discretion.

Any opinion for this point would be highly appreciated.

Originally Posted by 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!

Originally Posted by xhuyx

You have to be travelling with your Australian citizen spouse in order to claim those period, it's a must.

Always regarding to the lastest ASIC as your case officer will be processing ur application with the lastest instruction.

Noone can tell you what is the right or wrong supporting documents, only the case officer can. So wait until you're eligible to submit, get as many docs as u can base in the instruction, then you'll know what else you need. No point of speculating now.

Originally Posted by gdoubleu

I am also looking to apply under the section 22.9.

I will be short of more than 90 days spent in Australia by the time I apply for citizenship. I am going overseas frequently, but for short period of time.

My spouse has acquired citizenship during my "4-year" time window.

I have one question:

• When I am overseas (for work), my wife stays most of the time in Australia. Knowing we have ties with Australia (family, property), would that reinforce the case knowing she is not physically with me?

Originally Posted by whtzau

my question is similar to gdoubleu's case as above.

Short overseas traveling without Australian spouse could be counted as
PR in Australia or not.