Faisal Nawaz

Hi,
Hopefully enjoying the weekend.

I want to have an advice on the residency requirement for citizenship. I was granted PR in Jan 2012 offshore, first landed in Nov 2012 to fulfill the entry requirement and went back in Dec 2012. Then my PR lapsed in Jan 2017.
I applied for RRV which was granted and I came to WA in Sep 2019 (30 Sep 2019) and staying here since then.

When I checked the Residency Calculator on Department of Home Affairs website by putting all the requisite dates, it showed that I am eligible to apply for citizenship but my IMMI Account is saying that I am not meeting the residency requirement.

My understanding is that as I had previously validated my visa, I need another 3 years from September 2019 to be eligible for citizenship.

Can someone please advice why my IMMI Account is not allowing me to apply for the citizenship and what should I do?

Appreciate help and advice.

Thanks and Regards

old.sparkles

When did you check on the immi account?

I'm not sure if the 30th Sept would count, so 1st October 2019 onwards. Might be worth re-checking after the weekend.

Faisal Nawaz

I checked today.
Ok, will check on Monday i.e. 3rd October 2022 and will update.
Thanks for reply.

Faisal Nawaz

Hi
Good morning.

I have checked and IMMIGRATION Account is still showing that the applicant may not meet the residency requirement…

Am I correct that I can apply after 3 years of my 2nd time arrival in Australia (first entry in 2012) or I need to complete the 4 years?

Appreciate the help.

Thanks

old.sparkles

You need to be a lawful resident for 4 years, but abscences of no more than 12 months are allowed during that time.

If you have been in Australia continuously since 30 Sep 2019, you should be eligible so not sure why it says otherwise.

Have you taken any holidays outside of Australia?

spouse of scouse

I'm probably reading it incorrectly, but if the OP only stayed in Australia for a month on their validation trip, and only resumed their residency in Sept 2019, then he doesn't appear to have met the criteria of having being resident in Australia for the minimum of 4 years? He couldn't count the 12 months prior to Sept 2019 as going towards the 4 years because not only wasn't resident in Australia at that time, he also didn't have a valid RRV at that time.

old.sparkles

I have put an estimation of the dates in the calculator, and also get a yes.

Lawful residence and PR from Nov 2012. Travel from Dec 2012 to Sept 2019 - no other travel.

RRV is only for travel, so he was still PR.

Hopefully one of the member MARA agents will comment.

spouse of scouse

Ah, ok. Yes, would be good to solve this one

Faisal Nawaz

Thanks for responding.

To be precise:

First entry: 6 November 2012 and Left on 31 December 2012.

Then arrived on RRV 30 September 2019 and since then I am in Australia and haven’t travelled out.

Thanks

f4fred

In my view, you are eligible and should apply for citizenship. Saying this based on my own case which was identifical to yours. I am a citizen now.

All the best.
Fred.

Faisal Nawaz

Hi Fred,

Thanks for the reply, that what I have been told that you need to complete 3 years of residency from September 2019 as you have complied the 1st entry requirement in November 2012.
But don't know why my IMMI Account is not allowing to proceed my citizenship application further, saying:" Warning: The applicant may not currently meet the general residence requirement criteria to apply for conferral of Australian citizenship.
Use the Residence Calculator to check when the applicant will have been in Australia long enough to be eligible for Australian citizenship or contact us.If the applicant is seeking a residence exemption or discretion, and has documentary evidence to support their claims, proceed with Residence exemption or discretion."
Any suggestion what should I do?

Thanks and Best Regards

NickyC

The online residency calculator does say that it's only an estimate and that the Department's own records will determine if you do satisfy the residency requirements.

I suspect that spouse of scouse is correct and the long 7 year period that you were absent from Australia is the issue. An RMA (on another forum) has said on many occasions that if your RRV (or Travel facility) expires when you are overseas then you are no longer classed as a Permanent Resident but as a Former Permanent Resident. Sure, you can get your Permanent Residency status back if you are successful in receiving and entering Australia on a RRV but until that happens you are not a Permanent Resident. So I would say that the period from 30/09/2018 to 30/09/2019 is the problem period in that you did not hold a valid visa during that time so you do not satisfy the residency requirements. Don't forget that it's not any old 4-year period that's being examined but the 4 years immediately prior to your citizenship application, so you can really discount anything that happened prior to October 2018.

Of course, you only have to wait until 30/09/2023 and you will be fine.

Faisal Nawaz

Hi Nicky
Thanks for your reply.

Yes, you are right, I have called the Department of Home Affairs, the person there checked from system and mentioned that I will meet the residency requirement on 30 September 2023.

Thanks everyone for your help and guidance on the matter.

Will wait till 30 September 2023 for submitting the citizenship application.

Thanks and regards

spouse of scouse

Glad you got it sorted out