whtzau

Dear all,

refer to previous thread - http://britishexpats.com/forum/showt...=whtzau&page=3,

it looks like applicants do not need to be physically present in australia,just need to possess valid visa (including eta) at the start date of four year period as residence requirement.

i enter australia with eta in sep 2009,stay for one week,then came to australia with pr visa in nov 2010...called citizenship hotline last dec and confirmed i can apply for citizenship in the end of mar 2014 ,as my eta was still valid in mar 2010.

however, i called citizensip hotline yesterday,they said i should use nov 2014 as start date for four year perio..so that i can apply in nov 2014....

i understand several applicants used start date with eta in 2010.

but would like to know if there's recent applicant wit similar experience...thanks...

whtzau

it is attached AUSTRALIAN CITIZENSHIP ACT 2007 - SECT 22
for General residence requirement.

as i do not think citizenship call center officers totally undestand this sec 22.,
i would like to know if there's everyone can comment this section,and advise
if applicant should be physiclly present "in" australia at the start date of four year residec, tks.


(1) Subject to this section, for the purposes of section 21 a person satisfies the general 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.

louie

Nothing has changed. See the Citizenship Instructions, page 47, which says:

"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."

As long as your ETA was valid four years ago and you otherwise qualify, you are good to go.

whtzau

Dear all,

just linked residece calculator - https://www.ecom.immi.gov.au/citz/startIntervalCalc.do

it's found that the earliest date for absence record is 01/01/2010..

for those with starting in year 2009, and with abence between 2009 and 201, the calculation may be not that accurate...

is there way or channel to discuss this matter with immi ?

whtzau

I think immi skip all the travel record before 01/01/2010,that's why call centre insisted that my start date should be nov 2010.........
any comment would be apreciated.....

old.sparkles

I put your dates in and it says residence requirement met. As if is march 2014 there is no need to go back before 2010 as the calculator is only interested in the last 4 years (I used dates given in other thread with you absent from 1/1/2010 until 31/10/2010 )

whtzau

hi thanks for your comment.
the problem i tried to point out is calculator should include absence period before 01/02/2010, that will cause inacurate eligible date....

for example, if appliants entered australia with tourist visa/eta in 2009, and then stay for few weeks, and returned to australia with another visa, eg student visa, 457, PR visa in 2010, then how will immi determine the start date of four year period , and the "accurate" absence between first lawful residence date and start date of four year period ..

old.sparkles

why should it include absences before this point - you need to show not more than 12 months absence in the 4 years before applying and not more than 90 days in the 12 months before applying. It makes no difference if you were in the country or out of it if it is more than 4 years ago as long as your first lawful residence was at least 4 years ago