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Australian citizenship problem


Preet Kaur Gill

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hi all

i am going to apply for citizenship.but the department said that you were unlawful for 1 day which was not my fault i think.

i applied one of my student visa on 22 july 2013 and got acknowledgement on 23 july 2013. and unfortunately my visa was also expiring on 22 july 2013.the acknowledgement letter also shows that the visa application date is 22 july 2013.but i was lawful residence since 2009 except this 1day. i applied for my new visa before the old one expires. so its not my fault that the immigration comment on it on next day.

 

my question is that can i apply for citizenship under administrative error???

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I'm not sure how it was an administrative error - your post suggests that you applied for another visa on the day that your visa was expiring (if I've read it right), I would say that they were very quick to process the application and give a decision a day later. It's not their fault you gave them insufficient time to process the application

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I'm not sure how it was an administrative error - your post suggests that you applied for another visa on the day that your visa was expiring (if I've read it right), I would say that they were very quick to process the application and give a decision a day later. It's not their fault you gave them insufficient time to process the application

they didn't give a decision.it was just an acknowledgement the very next day saying that the department has received your application and issuing a bridging visa. i don't think they need couple of days just to issue a bridging visa. normally everyone received their acknowledgement on the same day perhaps within minutes just to say that department has received your application. and bridging visa granted.

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why should someone wait if he/she is eligible for citizenship..i have PR status since jan 2015

It depends how much it matters. If you have PR and aren't going anywhere, applying for citizenship now may not be worth the battle. Besides, if you are going to go down the (expensive) lawyer route, it may take so long to resolve that you might as well have waited anyway. Plus, I suspect that if DIAC says there is a discontinuity join your visas, that would be the clinching argument. A court is unlikely to smile on someone who left renewing a visa to the last possible minute. But your lawyer may have a different take on it.

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