ozorient

Hi All,

I entered Australia on a permanent residence visa on 26 June 2008. I have not left Australia since then. Would I be eligible to apply for australian citizenship on 26 June 2011 or 2012.

If I am eligible for citizenship on 26 June 2011, could I submit my citizenship application earlier (e.g. this month) and sit for the citizenship test before June or do I have to wait till I complete the required three or four years and then submit my application?

Thanks and regards,

Dorothy

www.citizenship.gov.au has a residency calculator.

ozorient

I put in the following dates in the residence calculator

Permanent residence date: 26 June 2008
Intended lodgement date: 27 June 2011
Lawful residence date: 26 June 2008
Period outside Australia: 26 June 2007 to 25 June 2008

I got a result that I do not meet the residence requirement and that I should reapply on 26 June 2012. I am not sure if the residence calculator is correct.

In my opinion, the above calculation of the residence requirement differs from my interpretation of the Citizenship Act.

Dorothy

You are required to be lawfully resident in Australia for 4 years in order to apply for citizenship. If you only landed in June 2008 that would make June 2012 your four years.

ozorient

I agree that one needs to be lawfully resident in Australia for 4 years but I am unable to find a reference in the Citizenship Act that requires someone to be present in Australia at the beginning of the 4 year residence period.

Please refer to an extract of Section 22 of the Citizenship Act below:

(1) Subject to this section, for the purposes of section 21 a person satisfies the residence requirement if:

(a) the person was present in Australia for the period of 4 years immediately before the day the person made the application;
and
(b) the person was not present in Australia as an unlawful non-citizen at any time during that 4 year period; and

(c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.


Overseas absences
(1A) If:
(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 12 months;

then, for the purposes of paragraph (1)(a), the person is taken to
have been present in Australia during each period of absence.

(1B) If:
(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 90 days; and

(c) the person was a permanent resident during each period of
absence;

then, for the purposes of paragraph (1)(c), the person is taken to
have been present in Australia as a permanent resident during each
period of absence.

----------

Based on the above, it is my opinion that the residence requirement is really a "3 years in 4" requirement and that the residence calculator at DIAC is not legally compliant.

I would change my opinion about the residence requirement and the calculator result above if the Citizenship Act stated that one needs to be present in Australia at the start of the four year period.

Deutschmaster

I've always read it to be one has to have been here for four years on the right visas, and it is allowed for that person to have been abroad for up to a year in that period - so somebody can go away on holiday.

I'm going to apply for citizenship at the end of September. I'm sure that I read on their website that the application can't be sent in earlier than the 4 years. I've been abroad for about 6 weeks in the last 3 years. That fits in to the requirement of being out for no longer than 12 months.

Deutschmaster

Something I've just remembered. In addition to the 4 year residency requirement there's also a 90 day one:


"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."

If it really were a 3 years in 4 as you described one wouldn't meet the 'not more than 90 days in the 12 months prior to application'.

iamthecreaturefromuranus

Contact DIAC. Tell them that their calculator is wrong and not legally compliant and see what they say.
While you're at it tell them you have been here three years and feel you are now entitled to Citizenship.
See what they say about that as well.

Don't forget to let us know how you get on.

roaringmouse

If you wanted, you can choose to settle this disagreement about residency requirements, which is also found in this thread.

It may mean appealing the decision, taking time and money (as mentioned in JAJ on that thread I linked to) - however it may also decide on what the correct legal interpretation is of the Citizenship Act regarding residency requirements. It's up to you if you want to do that (and I'm not encouraging you to do so), but be prepared for a rejected application and associated costs.

From what you've said, I think you would meet residency requirements in 2012 - not allowing for any lengthy absences between then & now.

In regards to your 2nd question, you can only lodge an application when you meet the requirements, and not any earlier.

johnnye

As it stands you will be eligible on 26 June 2012. You will be invited to do the test after you apply.

louie

Had you visited Australia before you arrived on your permanent visa? And if so, when (between which dates)?

ozorient

I visited Australia on a tourist visa for seven weeks from June to August 2004. I am not sure if this visit can be counted towards the residence requirement

Sherlock Holmes

Any time spent legally in Australia can count but with the same time limits. You were back out of the country for 4 years.

The residence requirement is four years. You are allowed to be absent for some of that time. But, the overall time is still 4 years.

You apply when the four years is up, then you get your test appointment.

johnnye

No. I expect not, because the visa had expired by June 2007 (4 years from June 2011 when you want to apply). Please read the thread louie has posted, very carefully, it will explain everything.

johnnye

sorry read the thread roaringmouse has posted