VISA - Citizenship and RRV

Old Jul 13th 2015, 2:03 am
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Default VISA - Citizenship and RRV

Hope someone can clarify this...

I was granted my Permanent visa in Nov 2008 and arrived in Oz in Feb 2010.

Since then I have been on a few holidays with the family for no more than 50 days in total… In February 2014 I went on a Skiing holiday to Europe and travelled without even thinking about my VISA… for some reason because I landed here in Perth in 2010 I assumed that expiry was in 2015! My bad.

Anyway I travelled back into Perth in March 2014 and was stopped at Immigration asking where my VISA was, at that point I realised I had screwed up.. the lady gave me a 30 day temp Visa and I was on my way.

From that point I was supposed to go and sort out a full RRV within 30 days but had some work and family commitments which I then forgot to sort out – until October (I know I screwed up here but just forgot!) In October I did the RRV and it was sorted within 24 hours.

Fast forward to today and I was to do my Citizenship, applied online and cannot process so I called Immi. The lady said, “sorry sir but you are no eligible until October 2018 – this is due to you not having a VISA for 6 months, were you out of the country” I replied no and asked why is this the case when I have been in the country since 2010.

Can someone tell me if this is correct and I have to wait for another 4 years?

Also, my wife and kids were on my PR175, so are they ok to do the test for Citizenship.?
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Old Jul 13th 2015, 2:15 am
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Default Re: VISA - Citizenship and RRV

Originally Posted by stellaman View Post
Hope someone can clarify this...

I was granted my Permanent visa in Nov 2008 and arrived in Oz in Feb 2010.

Since then I have been on a few holidays with the family for no more than 50 days in total… In February 2014 I went on a Skiing holiday to Europe and travelled without even thinking about my VISA… for some reason because I landed here in Perth in 2010 I assumed that expiry was in 2015! My bad.

Anyway I travelled back into Perth in March 2014 and was stopped at Immigration asking where my VISA was, at that point I realised I had screwed up.. the lady gave me a 30 day temp Visa and I was on my way.

From that point I was supposed to go and sort out a full RRV within 30 days but had some work and family commitments which I then forgot to sort out – until October (I know I screwed up here but just forgot!) In October I did the RRV and it was sorted within 24 hours.

Fast forward to today and I was to do my Citizenship, applied online and cannot process so I called Immi. The lady said, “sorry sir but you are no eligible until October 2018 – this is due to you not having a VISA for 6 months, were you out of the country” I replied no and asked why is this the case when I have been in the country since 2010.

Can someone tell me if this is correct and I have to wait for another 4 years?

Also, my wife and kids were on my PR175, so are they ok to do the test for Citizenship.?
Your wife applies separately and can apply now if she meets the criteria. The kids might be able to go on her application? How old are they?

As for yourself - hopefully one of our citizenship experts will be online to answer you, but you have made it difficult by not sorting that RRV. Although PR is permanent, you need a visa to travel back in with. They were lenient in giving youtime onshore to sort it, but I guess now it looks like you spent 6 months outside the country -which alone means you aren't eligible.
Might be worth a chat with a registered agent ......
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Old Jul 13th 2015, 2:24 am
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Default Re: VISA - Citizenship and RRV

Originally Posted by Pollyana View Post
Your wife applies separately and can apply now if she meets the criteria. The kids might be able to go on her application? How old are they?

As for yourself - hopefully one of our citizenship experts will be online to answer you, but you have made it difficult by not sorting that RRV. Although PR is permanent, you need a visa to travel back in with. They were lenient in giving youtime onshore to sort it, but I guess now it looks like you spent 6 months outside the country -which alone means you aren't eligible.
Might be worth a chat with a registered agent ......

Thanks Pollyana, Kids are 9 & 11..

To be honest how can it look like i have been out of the country for 6 months? I left to go on a skiing holiday when not on a valid VISA to return and re-entered.. so If i left the country again i would have been stopped as I would not have had a legal document to cross an international border.

If they are saying it resets as I have been dark for 6 months then fine but looking for a second opinion as on the phone she did not sound convinced herself. To summarize, I have been in Oz since Feb 2010 on a PR visa, I have left the country for 6 x international 2 week holidays and screwed up with RRV last year for 6 months.
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Old Jul 13th 2015, 2:33 am
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Default Re: VISA - Citizenship and RRV

Originally Posted by stellaman View Post
Thanks Pollyana, Kids are 9 & 11..

To be honest how can it look like i have been out of the country for 6 months? I left to go on a skiing holiday when not on a valid VISA to return and re-entered.. so If i left the country again i would have been stopped as I would not have had a legal document to cross an international border.

If they are saying it resets as I have been dark for 6 months then fine but looking for a second opinion as on the phone she did not sound convinced herself. To summarize, I have been in Oz since Feb 2010 on a PR visa, I have left the country for 6 x international 2 week holidays and screwed up with RRV last year for 6 months.
The kids can go on your wife's application

I'm hearing -and understanding -your point of view, and it may be possible to still get citizenship now, but because its unusual the staff on the end of the phone can't do it, because it doesn't tick the right boxes!
There may be a way round it, but I think you need an agent's view -try TeeTMI or George Lombard, they post on here. It may be though that because you were technically illegal for a while that you can't do it yet.
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Old Jul 13th 2015, 3:32 am
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Default Re: VISA - Citizenship and RRV

Originally Posted by stellaman View Post
To be honest how can it look like i have been out of the country for 6 months? I left to go on a skiing holiday when not on a valid VISA to return and re-entered.. so If i left the country again i would have been stopped as I would not have had a legal document to cross an international border.
Of course you had a legal document to cross an international border. Your British passport is a legal document allowing you to cross an international border and without a valid visa for Australia in it there's no reason for you to be stopped at any border!
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Old Jul 13th 2015, 3:59 am
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Default Re: VISA - Citizenship and RRV

Originally Posted by Dorothy View Post
Of course you had a legal document to cross an international border. Your British passport is a legal document allowing you to cross an international border and without a valid visa for Australia in it there's no reason for you to be stopped at any border!
Sorry but I was talking about them saying I was out of the country for a long period... I would not be back in Australia calling them up today without having a record of re-entering.
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Old Jul 13th 2015, 4:02 am
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Default Re: VISA - Citizenship and RRV

I've seen this situation before.

Read JAJ's response (not mine, which was wrong!) to it here: http://britishexpats.com/forum/immig...6/#post9984272
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Old Jul 14th 2015, 2:47 pm
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Default Re: VISA - Citizenship and RRV

You need to get a statement of travel from the dept of immigration that will clear up when you were and weren't in the country. You can use this.

It may be that being without a Permanent residency visa for a period of time may change your eligibility. as you were officially on a temporary visa.....
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