getting citizenship

[Guest Adrian O]

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!!!

[ali]

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).

 

Ali

[Guest Gollywobbler]

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

[Guest EM&M]

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

[Guest noskich]

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.:wacko:

PS I m planning to come on a student visa and obtain a PR in 2 years time and citizenship in 4 years time.

[Guest Gollywobbler]

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

[Guest EM&M]

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.:wacko:

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

[Guest Gollywobbler]

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

[Guest JoanneHattersley]

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!!??!!??

[alcocainmel]

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

 

[Guest EM&M]

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

 

 

 

 

Hi Deb yes that was my understanding, the 457 of course counts to your PR, but it does not count towards your citizenship. Ie we have to be on 457 for 2 years (due to circumstances) we can then get PR (hopefully) then we have to wait a further 4 years to apply for citizenship. From what Gill is saying I think she understands we can apply for citizenship after 2 years on 457 & 2 years on PR??? Thats wasnt my understanding so I might just look into that a bit more.

 

Thanks

 

Em x

[Guest EM&M]

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.:wacko:

PS I m planning to come on a student visa and obtain a PR in 2 years time and citizenship in 4 years time.

 

Hi Guys,

 

I think your right, I have had a bit dig about and now understand that you need to be lawfully resident for 4 years in Oz with minimum 1 year as PR, so the other 3 years can be as a temp resident on a student or 457 visa.

 

Im so pleased you started this thread as I thought we would have to wait 6 years altogether. Maybe I understood my agent incorrectly at the or the fact that there was so much going on that I didnt take it on board correctly.

 

Cheers

 

Em x

[alcocainmel]

Hi Guys,

 

I think your right, I have had a bit dig about and now understand that you need to be lawfully resident for 4 years in Oz with minimum 1 year as PR, so the other 3 years can be as a temp resident on a student or 457 visa.

 

Im so pleased you started this thread as I thought we would have to wait 6 years altogether. Maybe I understood my agent incorrectly at the or the fact that there was so much going on that I didnt take it on board correctly.

 

Cheers

 

Em x

 

Great news Em, you must be so happy!!

 

Deb xx

[Guest EM&M]

Great news Em, you must be so happy!!

 

Deb xx

 

 

Hi Deb,

 

Just shows you, you learn something new every day ie Im not always right lol. Im so pleased yipeeeee

 

Em x

[Guest andrewb]

As I understand it the situation is as follows:

 

OLD rules (ie. PR granted 30/6/07 or earlier). Need to do 2 years on PR for citizenship; any time on temporary visas does not count.

 

NEW rules (ie. PR granted 1/7/07 or later). Need to do at least 4 years residence but may count up to 3 years of temporary visa time. That is, you qualify as long as you have *at least 1* year PR and at least 4 years in total.

 

Clearly if you do a long spell on a 457 prior to PR the new rules are 'better' for you

 

Hope this clarifies

[Guest JoanneHattersley]

Yeah absolutely.

 

I got here feb 05

got PR jan 07

applied for citizenship Jan 09

[ali]

Isn't it you had to arrive in Aus before July 1st 2007 (not just be granted your visa), to be eligable to apply for citizenship after 2 years?

 

Ali

[wrussell]

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

 

Yes it does, but you need at least 12 months PR as well, some absences are permitted.

[Guest proud2beaussie]

Probably the best thing is to use the residence calculator at;

https://www.ecom.immi.gov.au/citz/startIntervalCalc.do

It's very easy to use.General eligibility conditions are as folllows:

General eligibility

 

From 1 October 2007, people who satisfy the general eligibility criteria are required to pass a test before applying for citizenship.

See: Citizenship Test

People who apply must:

 

• have passed a test
  
• be aged 18 years or over at the time the application is made
  
• be a permanent resident at the time of application, and also, at time of decision
  
• satisfy the residence requirement
  

 

 

• be likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia
  and
• be of good character.
  

See also:

Citizenship Test

Good character

Residence requirements and calculator

 

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.
  

If people became permanent residents before 1 July 2007 and apply before 30 June 2010, they must have been physically present in Australia as a permanent resident for a total of two years in the five years before applying, including one year in the two years before applying.

Note: Periods of lawful residence cannot include a period of confinement in a prison or psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law except in limited circumstances. A residence calculator is available to assist you to determine if you meet the residence requirement. This calculator can accept future dates.

See: Residence Requirements Calculator

See: What is Australia as currently defined for citizenship?

Residence exemptions and discretions

 

Exemptions

People are exempt from the residence requirement if they:

 

• have served three months in the permanent forces of the Commonwealth of Australia
  or
• have served six months in the navy, army or air force reserve
  or
  
• were discharged from defence service as medically unfit for that service.
  

A partial exemption applies to former Australian citizens and people born in Australia. They need only have been resident in Australia for 12 months as a permanent resident.

Discretions

You may apply for any of these residence discretions if you will be in Australia at the time your application is decided. If you will be overseas during this period only discretions 5 and 6 are applicable.

 

1. Periods during which a person was present in Australia as an unlawful non-citizen solely because of an administrative error may be treated as periods of lawful residence.
   
2. Periods of lawful residence in Australia but not as a permanent resident solely because of an administrative error may be treated as periods of permanent residence.
   
3. Periods of lawful residence in Australia but not as a permanent resident may be treated as a period of permanent residence if a person would otherwise suffer significant hardship or disadvantage.
   
4. Periods of confinement in a prison or psychiatric institution may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances which resulted in the person’s confinement.
   
5. Periods spent outside Australia by the permanent resident spouse (including de facto spouse), widow or widower of an Australian citizen may be treated as periods in Australia, if they had close and continuing association with Australia during that period.
   
6. Periods spent outside Australia by a permanent resident who is in an interdependent relationship with an Australian citizen may be treated as periods in Australia, if they had close and continuing association with Australia during that period.
   

Note: You may lodge your application while you are overseas but you must be in Australia at the time your application is decided unless you are applying for discretion 5 or 6.