Update - New Citizenship Residence Requirement
Mar 12th 2007, 12:00 pm
#151
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Joined: Nov 2006
Posts: 99
Re: Update - New Citizenship Residence Requirement
As the new citizenship legislation requires 4 years lawful presence and 12 months presence as permanent resident immediately before application, you will be able to count up to three years time on a 457 or any other non-permanent visa as long as it is more or less directly followed by enough time as permanent resident. Please read the new Bill for full details.
Last edited by >40; Mar 12th 2007 at 12:07 pm.
Mar 12th 2007, 10:02 pm
#152
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Joined: Nov 2006
Posts: 99
Re: Update - New Citizenship Residence Requirement
Please note that the residence requirements in the new Citizenship Bill are different not only in numbers but also in structure. The time periods specified (4 years lawful presence and 12 months presence as permanent resident) concern time "immediately before the day the person made the application" [Australian Citizenship Bill 2006, section 22 (1)]. During these time periods, you are allowed to be absent from Australia for a total of not more than 12 months during the four years, but not more than 3 months in the last 12 months.
- Present in Australia as permanent resident for at least 9 months during the period of 12 months before applying.
- Lawfully present in Australia for at least 3 years during the period of 4 years before applying.
Mar 13th 2007, 3:17 am
#153
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Re: Update - New Citizenship Residence Requirement
Alternatively, presenting the new residence requirements in the structure of the current Act would amount to the following:
- Present in Australia as permanent resident for at least 9 months during the period of 12 months before applying.
- Lawfully present in Australia for at least 3 years during the period of 4 years before applying.
- Present in Australia as permanent resident for at least 9 months during the period of 12 months before applying.
- Lawfully present in Australia for at least 3 years during the period of 4 years before applying.
rather than: 3 years out of 4.
In effect, the new Act obliges applicants to wait for 4 years from the day they arrive in Australia rather than simply 3 years.
Peter
Mar 13th 2007, 10:08 am
#154
Forum Regular
Joined: Nov 2006
Posts: 99
Re: Update - New Citizenship Residence Requirement
As an example, the new residence requirement does seem to cover the case of a person granted an offshore permanent visa, who travels to Australia for a week to validate, goes back "home" for a year, then returns to settle in Australia, and finally applies for citizenship in the last week before three continuous years (without any trips abroad) has passed since settling. Of course, when stretching things like that, a single day's difference can result in the requirement no longer being satisfied, so it is definitely nothing to encourage.
Mar 13th 2007, 10:47 am
#155
Ex Mod (2002-2005)
Joined: May 2002
Location: NSW
Posts: 5,464
Re: Update - New Citizenship Residence Requirement
Over-simplification of the new Act may sometimes be inaccurate
Peter
Mar 14th 2007, 2:57 am
#156
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Joined: Nov 2004
Posts: 16
Re: Update - New Citizenship Residence Requirement
Okay - just finished reading this and I am now very confused.
I arrived in Australia in January 2004 on a student visa, and have been in Australia since then. In July 05 I was granted a spouse visa and my 2nd anniversary of the application (and grant) date is 5th July 07.
Does this mean that under the new rules I would become eligible for citizenship on 5th July 08? If so, I hope they don't grant my PR earlier than 1st July!
I arrived in Australia in January 2004 on a student visa, and have been in Australia since then. In July 05 I was granted a spouse visa and my 2nd anniversary of the application (and grant) date is 5th July 07.
Does this mean that under the new rules I would become eligible for citizenship on 5th July 08? If so, I hope they don't grant my PR earlier than 1st July!
Mar 14th 2007, 4:15 am
#157
Forum Regular
Joined: Feb 2007
Posts: 33
Re: Update - New Citizenship Residence Requirement
Mar 14th 2007, 4:23 am
#158
Retired
Thread Starter
Joined: Apr 2004
Posts: 34,649
Re: Update - New Citizenship Residence Requirement
I arrived in Australia in January 2004 on a student visa, and have been in Australia since then. In July 05 I was granted a spouse visa and my 2nd anniversary of the application (and grant) date is 5th July 07.
Does this mean that under the new rules I would become eligible for citizenship on 5th July 08? If so, I hope they don't grant my PR earlier than 1st July!
Does this mean that under the new rules I would become eligible for citizenship on 5th July 08? If so, I hope they don't grant my PR earlier than 1st July!
Mar 20th 2007, 10:06 am
#159
Forum Regular
Joined: Nov 2006
Posts: 99
Australian Citizenship Act 2007
FYI: On March 15, the new citizenship bills were assented to by the Governor-General and thus passed their final stage to becoming Acts. After a second name change, their final names will be Australian Citizenship Act 2007 and Australian Citizenship (Transitionals and Consequentials) Act 2007.
I have yet to see the expected commencement date of July 1 officially confirmed.
Source: http://www.aph.gov.au/parlinfo/billsnet/blist.pdf (accessed March 20)
I have yet to see the expected commencement date of July 1 officially confirmed.
Source: http://www.aph.gov.au/parlinfo/billsnet/blist.pdf (accessed March 20)
Mar 21st 2007, 6:43 am
#160
Forum Regular
Joined: Feb 2007
Posts: 67
Re: Update - New Citizenship Residence Requirement
I have my PCC and medical requested by the COon 10 March 2007. I have sent my medical and will be sending my PCC next week when ready. I hope to get the PR approval by end May(God's willing). We are shooting to do our landing before 1 July 2007 before the new Citizenship legislation kicks.
Just one question. If we get our PR stamp on the passport but land after 1 July 2007, what will be our status?
Many thanks.
Mikail
Just one question. If we get our PR stamp on the passport but land after 1 July 2007, what will be our status?
Many thanks.
Mikail
Mar 21st 2007, 9:55 am
#162
Forum Regular
Joined: Nov 2006
Posts: 99
Official act available
FYI: As from today, the official text of the Australian Citizenship Act 2007 is available from ComLaw: http://www.comlaw.gov.au/ComLaw/Legi...2?OpenDocument. The commencement date of the main sections is not (yet) specified in the act itself, but will be fixed by proclamation. Principally, the commencement date can be anytime in the period between date of assent (March 15) and six months thereafter.
Mar 21st 2007, 10:00 am
#163
BE Forum Addict
Joined: Jun 2004
Location: The Gold Coast
Posts: 3,069
Re: Official act available
FYI: As from today, the official text of the Australian Citizenship Act 2007 is available from ComLaw: http://www.comlaw.gov.au/ComLaw/Legi...2?OpenDocument. The commencement date of the main sections is not (yet) specified in the act itself, but will be fixed by proclamation. Principally, the commencement date can be anytime in the period between date of assent (March 15) and six months thereafter.
Mar 21st 2007, 1:33 pm
#165
Tessa Steven
Joined: Apr 2005
Location: Sunshine Coast, Australia
Posts: 11
Re: Update - New Citizenship Residence Requirement
Update on the new citizenship residence requirement:
http://www.citizenship.gov.au/law-an...irementsQA.htm
Highlights are:
- FOUR years lawful residence in Australia immediately preceding the application
- absences of up to 12 months in total will be allowed, with no more than a total of 3 months in the final year
- at least ONE year of the four years must be as a permanent residence. (in other words up to THREE years temporary residence can count).
It seems that current permanent residents will be exempted:
"The new residence requirements will apply to people who become permanent residents on or after commencement of the legislation. Current permanent residents will not be affected by these changes."
Commencement day for the new laws is still scheduled to be 26 January 2007.
http://www.citizenship.gov.au/law-an...irementsQA.htm
Highlights are:
- FOUR years lawful residence in Australia immediately preceding the application
- absences of up to 12 months in total will be allowed, with no more than a total of 3 months in the final year
- at least ONE year of the four years must be as a permanent residence. (in other words up to THREE years temporary residence can count).
It seems that current permanent residents will be exempted:
"The new residence requirements will apply to people who become permanent residents on or after commencement of the legislation. Current permanent residents will not be affected by these changes."
Commencement day for the new laws is still scheduled to be 26 January 2007.
Tessa Steven
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