JAJ

1. The legislation will automatically commence 6 months from Royal Assent (15 March) unless an earlier date is ordered.

2. A conclusive interpretation of the provisions of the Act can only be given by the courts. A "DIAC declaration" is not a definitive interpretation of the law.

srdegnan

That would mean active from 15th September ... not 1st July?

Anyone concur?

JAJ

No, that is not correct.

I said unless an earlier date is ordered.

srdegnan

Yes - but earlier you stated 6 months after 15th March (Royal Assent)... which give or take a day, would take it to 15th September ....

jeeva

It's very likely that the new rules will become law by 1st Jul. As per
http://www.citizenship.gov.au/law-an...iew/timing.htm
DIAC seems to have scheduled this for 1-Jul.

JAJ

I said: 1. The legislation will automatically commence 6 months from Royal Assent (15 March) unless an earlier date is ordered.

I don't know how much more clear one can be. The Act will come into force on a date to be ordered by the Minister. However if no order is made before 15 September, it will automatically come into force on that date anyway.

15 September is the latest date the Act will be in force.

comet555

I thought you were pretty clear the first time

mysnix

I am slightly concerned at this - We arrived in Australia on a permanent visa on 20/07/05 and haven't left since. But we are going back to the UK on a visit and fly out on 29/06/07 - so won't be in the country physically during these dates.

Am I going to end up in a mess due to a technicality??

Nikki
xx

ptlabs

Get a 5-year RRV before you fly out. A person overseas who holds a valid RRV is defined as a permanent resident under the old Act, with far more clarity than a person who merely holds a migrant non-RRV visa.

Whilst you may not meet the 2 out of 5 years requirement for an RRV, you should be able to get one granted based on your personal, business or employment ties to Australia since you have resided in Australia for close to 2 years now. If in doubt, speak to a registered migration agent.


Peter

srdegnan

So

... if I go out just before 1st July - have my PR visa validated and hang around until just after 1st July ... does that cover off most (expected) angles- by being physically resident at that period? (I'd be returning on a full time basis from 19th July)

>40

For your reference, please find below a summary of the legislation (with links) discussed in this thread:

Australian Citizenship Act 2007 (http://www.comlaw.gov.au/ComLaw/Legi...2?OpenDocument)
Highlight: The new residence requirement [section 22].

Australian Citizenship (Transitionals and Consequentials) Act 2007 (http://www.comlaw.gov.au/comlaw/Legi...3?OpenDocument)
Highlight: Transitionary provisions for the "old" residence requirement [schedule 3, section 5B].

Australian Citizenship Act 1948 (http://www.comlaw.gov.au/ComLaw/Legi...3?OpenDocument)
Highlight: Definition of permanent resident, relevant to the transitionary provisions [section 5A - in particular 5A(1)(bb), 5A(1)(d)(i)(A), and 5A(2)].

Australian Citizenship Regulations 1960 (http://www.comlaw.gov.au/ComLaw/Legi...5?OpenDocument)
Highlight: Prescription of holders of RRVs and similar visas to be permanent residents under the 1948 act [regulation 5].

Declaration for the purposes of subsection 5A(2) of the Australian Citizenship Act 1948 (http://www.comlaw.gov.au/ComLaw/Legi...B?OpenDocument)
Highlight: Declaration of certain New Zealand citizens to be permanent residents under the 1948 act.

>40

(cont.)

Australian Citizenship (Permanent Resident Status - New Zealand Citizens) Declaration 2001 (http://www.comlaw.gov.au/ComLaw/Legi...8?OpenDocument)
Highlight: A previous declaration (still in effect) of certain New Zealand citizens to be permanent residents under the 1948 act.

srdegnan

Thanks

I've looked through all these docs now, and had a reply from the Australian High commission in London, where they refer me to:
http://www.citizenship.gov.au/law-an...irementsQA.htm

After chewing through the docs and re-reading the other links this morning, my reading is:

If you have a PR visa AND it has been validated BEFORE 1st July, you fall under the two year rule. The validation is ambiguous in law - but I think it removes any gap on the interpretation of being a perm. resident.



"Will they affect current permanent residents?

The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation.

People who are permanent residents before the commencement of the new legislation will only need to meet the current residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences."

So I will be booking an additional flight early in June to get my PR validated!!

JAJ

All they have done is refer you to what DIAC have said. However this appears not to be strictly in line with what the legislation says. Read post #178 in this thread.

srdegnan

Thanks ....

Looks like to play safe, I will get my flight late June and hang around the first couple of days of July ...