Gabriel_P

Hi Paul, Ohhh, wow... Amazing... I like the additional layer of analysis you provided here. While your insights as a migration agent breaks my heart, it also provides me closure. Hahaha. So, I can now rest my case, and just patiently... wait... for... eleven... more... months... Again, thanks everyone! I like the culture of this discussion forum family. You gals and guys were ever willing to help. I've never ever experienced before this level of teamwork with foreigners within 12 hours only (since my original post). Just to introduce myself a little bit more, I am one of those unlucky skilled migrant accountants who has never been 'professionally' employed by any Aussie business or company (never got the break for 5 years now), and is merely hustling to create income opportunities for himself (I'm a small, small, small business owner at the moment). In addition, I have been frustrated through a series of unfortunate events with respect to dealing with Australian entities (government and private), but the help I've received through this forum has truly inspired me. GOD BLESS YOU ALL MORE AND MORE . Mabuhay!

Hi Marisawright, Thanks so much for the response. Yup, I may need to contact Paul before end of this week. Thanks JBH! I haven't considered the perspective on clock reset, since the Immigration officers (all three that I referred to in my posts) were in agreement that my 'Student VISA days' are actually considered for residence calculation purposes despite the more than one year break. Yes Paulhand! MaggieMay24, credits to you as well! Paul (again), Can you clarify your last statement: "He actually hasn't been absent from Australia for more than 12 months in the last 4 years." Is this favorable to me? Cheers to everyone!

Thanks, Paul! I appreciate your writing a response. As a migration agent, do you help with citizenship applications? I was wondering if I can call you, so I can discuss more details about my case. I am willing to pay for your opinion (hopefully I can afford your services ). Cheers!

Hi Silencio, You really are using your freedom of speech in this country, salute! Look, I am pretty sure you know less than 5% of me, hence your lapse of judgment is forgivable. The last paragraph in my response to MrGrieves' post was meant to make light my bad situation. Your sarcastic remark deserves my sarcastic response, so how about you live out your profile name whenever you cannot say anything of value? I have no worries about following rules and regulations myself. As a third-world citizen enjoying the rights and privileges that I have been enjoying while living in this country, I realized for myself how being 'obedient' is the way to go. However, your lack of understanding of my circumstances results in your poor judgment. As I have emphasized, an Immigration Officer (sometime July last year I called the Immigration Office) assured me that I am eligible to apply by Aug. 25, 2019 (yesterday). He even showed me how to 'properly use' the residence calculator. His act of helping me constitutes professional assistance/opinion, right? And I relied on it (my fault!). Then yesterday, two other Immigration Officers confirmed that I am not yet eligible when I wanted to apply for citizenship online, so you must 'somehow' understand my confusion. Why will there be inconsistencies in opinion from people who work in the same government agency? And to extend my analysis of the current issue, I have also been misguided by a Centrelink officer (I didn't need welfare assistance, but I was offered one, probably as her stereotype assessment of me), by an ATO officer (I was to receive a tax refund this year of about $1,100, yet this was charged against my other tax payments as a small business owner), and by other government employees (such as when the DOT clerk declared that I was lying to her about my Philippine licence). It has always been my attitude to 'refer' and 'defer' to decisions or opinions from experts, and I consider government employees, when acting on their capacities as employees, as experts. Look, this will be my last post in response to yours. Feel free to retaliate, . Just so you know, I already started planning how to re-adjust my plans that relied on my becoming a citizen soon (the major derailment I was referring to): e.g. investing in a car, house, and others, as well as traveling outside Australia using the privileged Aussie passport. I come from the Philippines, and sadly but it is true, my country's passport doesn't allow me to freely travel the world as an Aussie passport would. God bless you, and I mean this!

Thanks, MaggieMay24! Yes, I understand and respect your logic. Cheers!

Hi MrGrieves, Thanks for the response! While I understand and respect your logic, I just am not satisfied with the conflict of professional opinions among 3 immigration officers; one last year saying I was eligible, and he even showed me the right way to use the residence calculator, while the other two advising otherwise as to my eligibility, yet kindly refused to use the calculator to back up their advice. (I even 'begged' for them to use the calculator to confirm my understanding, but they still refused, and I'm guessing this was to avoid any legal liabilities.) I'm at a point right now, with respect to doing transactions within the country especially when dealing with the government, wherein I have personally experienced/received misinformation from government authorities themselves (student and permanent VISA applications, Centrelink, driving license, tax refund, etc.) as well as witnessing how my family and friends have also been ill-advised, yet we all learned later on that the quality of professional opinions provided as inputs to our decisions was bad. Again, thanks for your thoughts! I'll also wait for others to share their ideas, and would continue gathering info, especially if website links and other information resources would be shared. I truly desire to apply for citizenship asap, since delay in my application translates into major derailment of my plans (love life(!), family, studies, career, etc.). Cheers!

Hi everyone, Good day! How's it going? Please share your thoughts. I am confused why the residence calculator says I am eligible to apply (as of Aug 25, 2019) for citizenship but Immigration officers tell me otherwise (I may be eligible only by July 26, 2020 according to them). I am gutted to know about the delay by 11 months, since last year (sometime in July 2018) I sought the help of the Immigration office and one officer pre-determined for me that my eligibility date is indeed on August 25, 2019. Relevant dates/info: July 20, 2013: First entry to Australia under 2-year student VISA July 11, 2015 - July 25, 2016: Left the country prior to student VISA expiration; my student VISA ended on July 31, 2015. July 26, 2016: Came back as a permanent resident (and have been so for more than 3 years). I was never away for more than a month within the last 3 years. Ever since I received help from the Immigration office last July 2018 (that my eligibility is on Aug 25, 2019), I have been checking with the residence calculator to monitor impacts of changes to immigration laws and policies; as of today, the residence calculator has been updated since Nov. 11, 2018, and still says I am already eligible to apply. When I clarified on two occasions yesterday with two different Immigration officers why the calculator says YES (and I really included the gap of 1 year and 15 days in the 'Add Details' of Travel section when using the calculator), both of them are also puzzled why this was; they even confirmed with me that my being away for more than a year must have been picked up by the calculator as relevant info for residence period calculation. They cannot really give me a satisfying explanation, hence this post. Can you please shed light on the following: 1) Any authoritative info from the Immigration office regarding the conflict between a YES through the residence calculator and a NO by Immigration officers? 2) What does expiration of any prior VISA mean to 'lawful residence' requirement (not permanent residence)? 3) Any professional whom I can contact and engage their services regarding my situation? I am not going to insist my eligibility, since I still have almost 2 years left in my permanent residency. I just don't want to be misguided by Immigration officers themselves, like my former TAFE classmate who was ill-advised that he cannot be granted a temporary graduate VISA after finishing his university degree (at Curtin U), yet got help from a migration agent and won their case because of lapse of judgment by an Immigration officer. I have been ill-advised a few times through consulting with 'Immigration authorities,' and I just don't want to not exhaust all legal means I have because the not-so-knowledgeable authorities did not do their job well when giving professional advice. Sorry for the length of this post. I'll definitely welcome thoughts from anyone, and would share within my circle of friends your ideas if such can help them in their information gathering. Cheers and maraming salamat!

Hi fanta112, Thanks for your post. This is very relevant to my situation. Currently, the residence calculator is telling me that I am eligible to apply for citizenship (YES outcome), but the Immigration officers upon ringing them (2 separate occasions yesterday, Aug 26, 2019; 2 different officers) told me that I am only eligible to apply by July 26, 2020 (as per their system). But a year ago, I sought the help of the Immigration office, and one officer kindly walked me through using the residence calculator; he even pre-determined for me that I would be eligible to apply by Aug 25, 2019! I confirmed with him at least three times (by being critical with dates of leaving and re-entry), and he said that the latest that I can apply was Aug 26, 2019. I relied on this professional help since last year, and even checked with the residence calculator every 3 months onward re my eligibility in case new policies and laws affected my situation, but am now gutted to find out that my eligibility is delayed. Relevant dates for my circumstances: July 20, 2013 - First entry to Australia under a 2-year student VISA July 11, 2015-July 25, 2016 - Away from the country for 1 year and 15 days (I didn't know that being away for more than 12 months will have serious consequences; also, my student VISA expired, but I left the country prior to VISA expiration) July 26, 2016 to date - Came back as a permanent resident (have been a PR for at least 3 years now, and I was away for only 1 month within the last 12 months). Since I am 'determined' as not eligible to apply for citizenship, and I am hoping the Immigration officers are wrong (and based on your circumstances I may be right with this assessment), can you point me to any info that will satisfy my confusion why the residence calculator says YES, but the Immigration officers says NO? Cheers!