Out of Australia on the 1st day of 4 year period before applying for citizneship ?
Mar 4th 2017, 12:09 pm
#1
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Joined: Jul 2016
Posts: 11
Out of Australia on the 1st day of 4 year period before applying for citizneship ?
Dear all,
According to page 92 of Australian Policy Document 2016 as
https://www.border.gov.au/Citizenshi...-june-2016.pdf
DIBP requested applicant need to held PR visa if they are not in Australia on the first day of 4 year period for citizenship application,
I have been holding subclass 100 (partner permanent visa) since 1/8/2013
and I planned to apply for citizenship on 15/04/2017 but I was overseas with subclass 309 (partner provisional visa) on 15/04/2017 , Providing I have initially entered Australia with subclass 309 visa on 18/2/2013, I would like to know if I can still apply for citizenship on 15/04/2017.
Appreciated if there's any experience sharing.
According to page 92 of Australian Policy Document 2016 as
https://www.border.gov.au/Citizenshi...-june-2016.pdf
DIBP requested applicant need to held PR visa if they are not in Australia on the first day of 4 year period for citizenship application,
I have been holding subclass 100 (partner permanent visa) since 1/8/2013
and I planned to apply for citizenship on 15/04/2017 but I was overseas with subclass 309 (partner provisional visa) on 15/04/2017 , Providing I have initially entered Australia with subclass 309 visa on 18/2/2013, I would like to know if I can still apply for citizenship on 15/04/2017.
Appreciated if there's any experience sharing.
Mar 7th 2017, 9:48 pm
#2
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Joined: Oct 2006
Location: Nowhere - I'm a travelling (wo)man!
Posts: 2,362
Re: Out of Australia on the 1st day of 4 year period before applying for citizneship
It looks to me as though the Citizenship Instructions have changed.
Back in 2014, the section about being abroad 4 years prior to applying said:
"Where a person was outside Australia on the day 4 years immediately before applying, but had previously been in Australia, they may still use the day 4-years immediately before applying as a start date (for the purposes of being eligible to satisfy the 4 year lawful requirement), providing that on that day they held a visa which was in effect on that day (a visa granted in Australia is in effect from the day of grant, a visa granted offshore comes into effect when the person enters Australia on that visa).
If these conditions are met, then the person may use the full 4 year period immediately before applying towards meeting the general residence requirement."
If they still said that, I believe you would be fine to apply on 15 April. By the way, does that date have any particular significance as it's not obvious to me?
Now they say:
"If a person’s first arrival in Australia is less than four years before they apply for citizenship, they cannot meet the general residence requirement, even if they spend three years continuously in Australia.
The start date of the four-year lawful residence period is usually the date four years immediately before they lodge their application. However, if the person has not made their first entry into Australia, they need to wait at least four years after their first entry to meet this requirement.
Where a person was outside Australia on the day four years immediately before applying, but had previously been in Australia as the holder of a permanent visa, they may still use the day four years immediately before applying as a start date (for the purposes of being eligible to satisfy the four year lawful requirement), providing that on that day they held a permanent visa.
If these conditions are met, then the person may use the full four year period immediately before applying towards meeting the general residence requirement."
I'm no expert, but I'd say that you would not qualify under the new interpretation so will have to wait until four years from when you first arrived in Australia on your temporary visa (or a date thereafter when you were in Australia four years before) as long as you also then satisfy the other residence requirements (3 years out of the last four/no more than 90 days absence in the last year).
Back in 2014, the section about being abroad 4 years prior to applying said:
"Where a person was outside Australia on the day 4 years immediately before applying, but had previously been in Australia, they may still use the day 4-years immediately before applying as a start date (for the purposes of being eligible to satisfy the 4 year lawful requirement), providing that on that day they held a visa which was in effect on that day (a visa granted in Australia is in effect from the day of grant, a visa granted offshore comes into effect when the person enters Australia on that visa).
If these conditions are met, then the person may use the full 4 year period immediately before applying towards meeting the general residence requirement."
If they still said that, I believe you would be fine to apply on 15 April. By the way, does that date have any particular significance as it's not obvious to me?
Now they say:
"If a person’s first arrival in Australia is less than four years before they apply for citizenship, they cannot meet the general residence requirement, even if they spend three years continuously in Australia.
The start date of the four-year lawful residence period is usually the date four years immediately before they lodge their application. However, if the person has not made their first entry into Australia, they need to wait at least four years after their first entry to meet this requirement.
Where a person was outside Australia on the day four years immediately before applying, but had previously been in Australia as the holder of a permanent visa, they may still use the day four years immediately before applying as a start date (for the purposes of being eligible to satisfy the four year lawful requirement), providing that on that day they held a permanent visa.
If these conditions are met, then the person may use the full four year period immediately before applying towards meeting the general residence requirement."
I'm no expert, but I'd say that you would not qualify under the new interpretation so will have to wait until four years from when you first arrived in Australia on your temporary visa (or a date thereafter when you were in Australia four years before) as long as you also then satisfy the other residence requirements (3 years out of the last four/no more than 90 days absence in the last year).
