George Lombard

Hi Polly,

No they've been ridiculous on the s.22(9) discretion for some time. But yes, this is why we need kremlinologists...

Cheers,

George Lombard

JAJ

There's a residence requirement (1 year, generally) outlined in the Citizenship Instructions. I've not seen any AAT cases where there was a refusal in cases where the residence requirement was met. But perhaps I'm missing something.

George Lombard

Hi Jeremy,

The Citizenship Instructions suggest that it's easier to get the benefit of the discretion if you have at least 12 months in Australia. Interestingly, some Tribunal members here are starting to suggest that they can't be bound by Departmental guidelines, I guess that just means more uncertainty at the Tribunal level.

The link is http://www.citizenship.gov.au/_pdf/acis-july-2014.pdf - you have to scroll down to page 82, heading 5.18.

Cheers,

George Lombard

astera

The earliest an application should be made is 4 years after the PR visa validation date, right?

JAJ

If she had been in Australia beforehand, ie, pre-PR, it might in some cases be possible to apply for citizenship after the 3 year mark (with all the requirements for spouse discretion met, including the 1 year residence). Complex rules. You'll need to be prepared to spend a lot of time working through the Citizenship Act, and also the Australian Citizenship Instructions, to give yourself a clearer view on whether it's likely to be 3 years or 4. Are you intending to make life decisions contingent on this analysis, or move to Australia anyway?

astera

She has travelled to Australia before becoming a PR, and she has validated the PR visa almost a year and half ago as well. We will also be heading over for a month soon during school holidays.

Not sure how she could qualify for citizenship after 3 years but we are aiming for the discretion to treat the time from becoming a PR (or rather validating the visa) to the time of our relocation as "time spend in Australia." By then she would have been resident in Australia for 2+ years immediately preceding the citizenship application.

We are strongly considering moving to the Gold Coast, and after all the bureaucracy with the PR application we would just like to complete the citizenship procedure to ensure that we can travel in the region as a family under a common passport (+ not have to worry about any RRVs in the future).

JAJ

Read the Australian Citizenship Instructions. It would be recommended to pay particular attention to sections 5.15.3, 5.15.4 and 5.18 (all of it, but especially the final paragraph). Also note that policy can change anytime, but must be consistent with the Act.

http://www.citizenship.gov.au/_pdf/acis-july-2014.pdf

astera

Many thanks, at first 5.15.3 had me worried because it mentions a maximum period of 12 months away in those 4 years immediately prior to applying, but then 5.18 goes into the ministerial discretion for the spouse of an Australian citizen (who is also a PR) which seems to be a game-changer in our case.

Here there is no limit as to the amount of time spent abroad that can count as time spent in Australia, though as you pointed out the last paragraph is important as it states that more emphasis will be given to factors showing "a close and continuing association with Australia" if the person has spend at least 365 days in Australia during those 4 years.

When it comes to 5.15.4 I'm not sure what to make of it - does this mean that we can use my wife's previous trip to Australia on an eVisitor visa (before she applied for PR) as the start date of the 4-year "lawful residence" period?

astera

What kind of time frame are we currently looking at for processing citizenship applications - are we looking at several months from posting the application to the final ceremony?

I know things could change once we apply, but what are they like at present?

Pollyana

Depends where you apply, especially when it comes to the ceremony.

astera

Gold Coast?

Also, ceremony aside, how long will it be before just the outcome of the application is known (one that will include involve a ministerial discretion for the residency requirement)?

BritInParis

Were you posted to Singapore by the Australian government or an Australia-based company? If not I would suggest your wife would seriously struggle to qualify for citizenship if you had been residing in Singapore rather than Australia for the majority of the four years prior to applying for Australian citizenship.

Bermudashorts

It does vary by council but six months is quite normal and probably an average. In your case I would suggest longer, if she qualifies at all.

astera

So this is now about me and not her?

I thought the key was to demonstrate "a close and continuing association with Australia", not focus on what sort of company I am working for.

Pollyana

If its an Aus company, or a branch of the Aus government that helps to explin why you are outside Australia, and thus why she is also outside, as her citizenship is dependent on you.