Tommy1990

4 hours ago, Canada2Australia said:

I would have never thought time on a tourist visa counted towards the four year golden rule. That seems like a fairly large loophole to allow many more people to gain citizenship on a far less stringent pathway than most of us had to follow.

Not really.

A visa is a visa, if the end goal is to live here permanently, then what’s the problem? 

2 hours ago, rammygirl said:

It isn’t since you arrived it is in the 4 years immediately prior to application.  If you enter the dates correctly it won’t let you proceed if you don’t meet the criteria.  
The 4 years does not re set.  You just need to wait until you meet the criteria.

Got it. 

So in case I am stuck abroad for a few extra months totaling the time spent out of Australia for more than 1 year, will I still be able to apply?

I read stories online where people applied and they got rejected because they spent too much time abroad

Could my application be refused in this case?
CitizenshipApplication:
 

• Landed with a tourist Visa on 15 February 2019.
• Been away from 10 March 2019 until 24 November 2019 where I re-entered Australia on the same previous Tourist Visa, which was still valid.
• Soon will be going on holiday from 1 May 2022 until 7 August 2022

(PR received onshore in 2020).

I presume that because I will be out of Australia for a little bit over 12 months, between
15 February 2019 and 15 February 2023,  even if I apply a few days later,  my application
could still be denied since the overall amount of time spent within 4 years period since my arrival in Australia,
it is actually over the 12 months allowed?

9 hours ago, rammygirl said:

Yup Feb 2023 as the tourist visa was still active whilst you were in the UK.  Just be aware of any time you spend out of Australia before then. Anything over the twelve months will add time on before you can apply.

For instance we had to wait an extra 4 weeks as we had spent 16 months in total outside Australia, it doesn’t re set just delays.

Did you mean you were away for 16 months so you had to wait further 4 months? 


Oh I see... so let's say I go abroad for 4 months tomorrow, that would be 13 months out of Australia in total, does that mean I will have to wait a further 4 months from Februry 2023 hence only can apply in June 2023? 

I thought it would reset it 

6 minutes ago, Gee! said:

You would of had to reside in the country for 4 full years, and anytime during those years if you went out of Australia, even for one day, that would be deducted from your 4 year requirement. The 9 months you spent in Europe does not count.

But also, when you apply online through Immi you have to put all the dates you entered and left the country, so you wouldn't even be able to put the application through if Immi doesn't think you meet the 4 year requirement. I hope that info helps

After you came back to Australia on the visitor visa in November 2019 is when your residency would start. Since Nov 2019, did you leave the country at all and if so, how long?

I get what you mean, but on the website of immigration, it states: "You need to live in Australia on a valid visa (tourist visas are included) for 4 years, and not be absent from Australia for more than 12 months". 
 I have been absent from Australia for 9 months only, this is why the residency calculator says I meet the requirement to apply in February 2023.

However, my question is, would the officer examining my application consider the application not valid since I didn't have a home/rental lease or any other ties here in Australia between February 2019 and November 2019? (other than my Australian wife). 

I hope someone can help me with this complex situation. 


I visited Australia as a tourist for the first time in my life for two weeks in FEBRUARY 2019 (visa 651)
Then I went back to the UK for 9 months, where I resided for those 9 months.

I then went again to Australia with the same VISITOR visa 651 on November 2019 and applied for PR onshore.

I am currently holding a PR visa.

Therefore being absent from Australia for a total of 9 months as of today.

Does this mean I can apply for citizenship in February 2023? 

Or will it not be guaranteed since I only came to Australia with a visitor visa for 2 weeks only, and that was basically
a holiday trip meant to explore the possibility of living in Australia, I did not actually reside here until November 2019, when I got a rental lease and applied for a permanent visa.

I did the official calculation residency test and I passed: Yes, meets residency requirement test.

However, Could the migration officer examining my citizenship application potentially say that I do not qualify,
since in February 2019 I was in Australia only for 2 weeks and I was residing in Europe until November 2019?

I don't want to apply in February 2023 just to have the application manually denied because of this... and I'd rather wait
November 2023, but if there is nothing wrong in applying in February 2023 and the application gets automatically
approved by the system then applying in February 2023 would be a good choice?