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Old 07-01-2008, 09:26 PM   #1 (permalink)
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getting citizenship

Hi, I will be moving to Oz with my family this year and will be on a 457 visa(4yrs).
I have read alot about it and the wording on about gaining citizenship seems a bit confusing. If I stay for 4yrs on a 457 can I then apply for citizenship or do I need to apply for a permanent visa after a 457 and then after that apply for citizenship?

The list of questions goes on and I'm sure all will be revealed in the end but wondered if anyone can give me a plain english answer!!!

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Old 08-01-2008, 12:35 AM   #2 (permalink)
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You need to have PR before you can apply for citizenship, but you don't have to be on the 457 for 4 years before applying (not sure what the time scale is), and i'm sure that some of the time you've been on the 457 contributes towards the time you need to be in the country to apply for citizenship (which is now 4 years).

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Old 08-01-2008, 02:42 AM   #3 (permalink)
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Hi Adrian

Welcome to Poms in Oz.

Please see the following links:

Ptlabs Consulting - Articles on Australian Immigration

Australian Immigration Frequently Asked Questions (FAQ) - Ptlabs Consulting

Peter Chiam (ptlabs) is a heck of a nice guy who helps out with Poms in Oz from time to time. Salt of the earth is Peter, as are Alan Collett and Welshtone.

Best wishes

Gill
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Old 08-01-2008, 12:06 PM   #4 (permalink)
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Any time you spend in Oz on a 457 DOES NOT go towards your citizenship as you are effectively classed as a "visitor" If you have a skilled trade ie something on the MODL list you can apply very quicky for residency, if not like us you have to wait the 2 years and then hope that the company will sponsor you for PR via the ENS scheme. After you gain PR (no guarentee of this) you have to wait 4 years before you can apply for citizenship.

Cheers

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Old 09-01-2008, 12:03 AM   #5 (permalink)
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Originally Posted by EM&M View Post
Any time you spend in Oz on a 457 DOES NOT go towards your citizenship as you are effectively classed as a "visitor" If you have a skilled trade ie something on the MODL list you can apply very quicky for residency, if not like us you have to wait the 2 years and then hope that the company will sponsor you for PR via the ENS scheme. After you gain PR (no guarentee of this) you have to wait 4 years before you can apply for citizenship.

Cheers

Em x
Interesting. I understood it differently.
It says here:

Step 1: Am I eligible? – General eligibility

People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:
  • 12 months as a permanent resident
    and
  • absences from Australia of no more than 12 months, including no more than three months in the 12 months before applying.
I am not quite sure, but I think that one has a PR and has legally lived in OZ for 4 years prior to citizenship application on a temporary working visa, student visa or whichever (as only criteria applied is LAWFULLY RESIDENT) can and will get a citizenship.
In other words one can expect to obtain a citizenship if s/he gets PR before that in the period of 4 years of living in OZ.
Am I right? Would love to hear more about this.
PS I m planning to come on a student visa and obtain a PR in 2 years time and citizenship in 4 years time.
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Old 09-01-2008, 01:09 AM   #6 (permalink)
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Hi Noskich

I think you are right but I am not 100% certain.

Why don't you send a PM to ptlabs, via Poms in Oz, sending him a link to this thread and asking him to vet it for accuracy, just in case we are all leading each other up the grden path here?

Cheers

Gill
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Old 09-01-2008, 01:32 AM   #7 (permalink)
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Quote:
Originally Posted by noskich View Post
Interesting. I understood it differently.
It says here:

Step 1: Am I eligible? – General eligibility

People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:
  • 12 months as a permanent resident
    and
  • absences from Australia of no more than 12 months, including no more than three months in the 12 months before applying.
I am not quite sure, but I think that one has a PR and has legally lived in OZ for 4 years prior to citizenship application on a temporary working visa, student visa or whichever (as only criteria applied is LAWFULLY RESIDENT) can and will get a citizenship.
In other words one can expect to obtain a citizenship if s/he gets PR before that in the period of 4 years of living in OZ.
Am I right? Would love to hear more about this.
PS I m planning to come on a student visa and obtain a PR in 2 years time and citizenship in 4 years time.

As far as I aware (and I have looked at quite bit info on this) is says "lawfully resident" but on a 457 you are classed as a Temp Visitor you get no benefits that a resident is entitked to, no familiy assistance, no rent assistance, no home buyers grant etc as you are not classed as resident in Australia until you have gained PR.

My agent told me that the time spent on 457 does not count towards residency or citizenship. However this was before the changes can into place so maybe they have changed it, but if anyone finds out different please let me know

Cheers

Em x
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Last edited by EM&M; 09-01-2008 at 02:06 AM.
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Old 09-01-2008, 02:24 AM   #8 (permalink)
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Hi Em

Somebody on a PR visa may be "permanently and lawfully" resident in Oz. Somebody on a 457 visa may ot be "permanently" resident but s/heis definitely "Lawfully resident" in Oz nevertheless.

There is definitely a complicated provision under the new Citizenship Act whereby a spell in Oz as a temporary resident will count towards the four years but I think it only applies if the Citizenship application can be made before 1 July 2010 or something.

Also, you mention being "settled" in Oz. Well - time in Australia as aTemporary Resident (eg on a 457 visa) definitely counts towards proving that the Sponsor of a Parent visa application is "settled" in Oz. I am not sure about this term "settled" inother contexts, however.

Issues involving things like the homebuyer's Grant, non-availability of State Benefits etc have no bearing at all on the Citizenship legislation.

Additionally, PR by itself does not automatically ensure the full bundle of State Goodies anyway. Contributory Parents have to pay $33,000 each, currently, fortheir CP visas. However, if they claim any State Benefits other than health-related Benefits during their first 10 years in Oz, the amount paid out by Centrelink is recoverable from the substantial Bond which has to be lodged and if the amount of the Bond won't cover the whole of the debt owed to Centrelink, the difference will be recovered from the Assurers of Support who are, in effect, the Guarantors of the whole deal.

I am sceptical about the quality of the advice offered by your Agent if your recollection of it is accurate.

Best wishes

Gill
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Old 09-01-2008, 02:34 AM   #9 (permalink)
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Quote:
Originally Posted by EM&M View Post
As far as I aware (and I have looked at quite bit info on this) is says "lawfully resident" but on a 457 you are classed as a Temp Visitor you get no benefits that a resident is entitked to, no familiy assistance, no rent assistance, no home buyers grant etc as you are not classed as resident in Australia until you have gained PR.

My agent told me that the time spent on 457 does not count towards residency or citizenship. However this was before the changes can into place so maybe they have changed it, but if anyone finds out different please let me know

Cheers

Em x
Hi Em

We came over on a 457 in Feb 05. After 2 years you can apply for PR. We had no hassles. If your time on a 457 doesnt count towards PR how will you ever get it!!??!!??
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Old 09-01-2008, 09:56 AM   #10 (permalink)
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Quote:
Originally Posted by johatts View Post
Hi Em

We came over on a 457 in Feb 05. After 2 years you can apply for PR. We had no hassles. If your time on a 457 doesnt count towards PR how will you ever get it!!??!!??
Think Em might mean the time spent on a 457 does not get carried onto the time spent as a PR, ie, yes you can apply for PR after being on a 457 after 2 years however, you have to wait another 2/4 years (depending on when you came to oz) to apply for citizenship.

Deb xx



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