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Lilia

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  1. Hi guys, Could someone who has possibly been in a similar situation give me a solid advice on the following. My situation is: Entered Australia on a visitor visa (subclass 676) 30 October 2012 and stayed here until 28 April 2013. Entered Australia again on 16 April 2014 as a permanent resident (absent from AU between 28 April 2013 and 16 April 2014). I was granted permanent residency offshore straight away (subclass 100) without any bridging visa because my husband and I have been married for many years prior to moving to Australia but apparently it does not change anything when it comes to applying for the citizenship. Dates of absence from Australia after that: 14/6/14 - 20/6/14 5 days 26/5/15 - 03/6/15 6 days 9/4/16 - 25/4/16 15 days 19/1/17 - 25/1/17 upcoming trip 5 days When I enter all these details into the residence calculator on DIBP website (with lawful residence date being 30 October 2012), it comes up with 17 May 2017 as the date I am eligible to apply for the citizenship. However, the calculator does not ask you to specify if you have been overseas with or without a valid Australian visa. I have also noticed that the calculator does not reset the clock if you have been overseas for more than 12 months but pushes the date towards that day when you have been in Australia for 3 years plus 12 months of absence. I called DIBP today and they told me that the time spent outside Australia without valid Australian visa does not count towards the 4 years residence requirement. However, they confirmed that staying in AU on a visitor visa does count but in my case it cannot be used for nothing since I have been absent from Australia after that without a valid visa, and that I am not eligible to apply until 16 April 2018 (4 years after I entered AU as a permanent resident). He also told me that if I had obtained some kind of Australian visa before departing overseas, it would have counted but otherwise not. The customer service representative from DIBP did not look me up on the computer or asked for how long I have been absent from Australia during 4 years prior to applying thou, just answered generally. I have heard/read very mixed opinions about this and would very much like to hear a second opinion. Is it correct what I have been told by DIBP?
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