charlie5 Posted January 27, 2013 Share Posted January 27, 2013 Hi It is coming up to the time for us to think about Aussie citizenship. however, I am not clear which is the start date for residency calculation. We validated our visas in May 2009 but returned to the Uk until we could sell our house in November 2009. The aussie web pages suggest I should use the first date (May) but this doesn't seem right. Can anyone reassure me please? Charlie Link to comment Share on other sites More sharing options...
Peach Posted January 27, 2013 Share Posted January 27, 2013 You use the first date (May 2009), but then subtract any weeks you were out of Austrlia from the equation. Link to comment Share on other sites More sharing options...
Rupert Posted January 27, 2013 Share Posted January 27, 2013 Yes you can use the May date and so long as you have not sent more than a year in total out of the country, you don't need to subtract anything. Link to comment Share on other sites More sharing options...
Rupert Posted January 27, 2013 Share Posted January 27, 2013 is this correct? Folk on partner visa's have to use ministerial discretion to count the time they spend overseas (as a permanent resident) with their partner towards citizenship.. Yes it is correct, they do not expect people to never leave the country. Your statement is completely illogical, use May but then subtract weeks out of the country - well wouldnt that bring them back to November! Link to comment Share on other sites More sharing options...
lebourvellec Posted January 27, 2013 Share Posted January 27, 2013 https://www.ecom.immi.gov.au/citz/startIntervalCalc.do Try the calculator but it would be the day you entered Australia to Validate your visas, as long as you have not spent 12 months out of Australia since then. It will be the May date as you left Australia as a PR, and held a PR while you were outside Australia. Link to comment Share on other sites More sharing options...
Peach Posted January 27, 2013 Share Posted January 27, 2013 No, but they do expect people to have been resident for four years before applying for citizenship. Here is the ministerial waiver I refer to: 5. If you have spent time outside Australia as a permanent resident with your spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia. So clearly time outside of Australia does not count towards the four years - or what am I reading wrong? Link to comment Share on other sites More sharing options...
VERYSTORMY Posted January 27, 2013 Share Posted January 27, 2013 On the immi.gov.au web page there is a calculator that lets you put in all the dates and tells you when you can apply. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 27, 2013 Share Posted January 27, 2013 No, but they do expect people to have been resident for four years before applying for citizenship. Here is the ministerial waiver I refer to: So clearly time outside of Australia does not count towards the four years - or what am I reading wrong? Thats why its a Waiver - that time outside Australia if you are a PR can be counted if you were resident in Australia, but spouse/partner would need to be a citizen. Link to comment Share on other sites More sharing options...
Peach Posted January 27, 2013 Share Posted January 27, 2013 Thats why its a Waiver - that time outside Australia if you are a PR can be counted if you were resident in Australia, but spouse/partner would need to be a citizen. Confused, so generally speaking does the time you spend overseas as a PR count towards citizenship or not? If it does I don't see why there needs to be a waiver for people who become PR via their spouses? Link to comment Share on other sites More sharing options...
Rupert Posted January 27, 2013 Share Posted January 27, 2013 No, but they do expect people to have been resident for four years before applying for citizenship. Here is the ministerial waiver I refer to: So clearly time outside of Australia does not count towards the four years - or what am I reading wrong? It does count, so long as it does not exceed certain limits. One year overall and 90 days in the final year. Link to comment Share on other sites More sharing options...
Peach Posted January 27, 2013 Share Posted January 27, 2013 It does count, so long as it does not exceed certain limits. One year overall and 90 days in the final year. That makes sense. Thanks. Link to comment Share on other sites More sharing options...
lebourvellec Posted January 27, 2013 Share Posted January 27, 2013 Resident requirement for Citizenship is 12 months allowed out of Australia in the 4 years. But a waiver could be used if a PR who's partner/spouse is a citizen, and they had been out of Australia for longer than the 12 months, in the general residency requirement. Link to comment Share on other sites More sharing options...
charlie5 Posted January 27, 2013 Author Share Posted January 27, 2013 Hi It is coming up to the time for us to think about Aussie citizenship. however, I am not clear which is the start date for residency calculation. We validated our visas in May 2009 but returned to the Uk until we could sell our house in November 2009. The aussie web pages suggest I should use the first date (May) but this doesn't seem right. Can anyone reassure me please? Charlie Manty thanks for all the comments which seem to confirm that I use ther May date. However, it still seems illogical as my main residence was still in the UK until we could sell our house. Charlie Link to comment Share on other sites More sharing options...
lebourvellec Posted January 28, 2013 Share Posted January 28, 2013 Manty thanks for all the comments which seem to confirm that I use ther May date. However, it still seems illogical as my main residence was still in the UK until we could sell our house. Charlie People can use 3 years residency on a temp visa as part of the general residency requirements. Your situation was that you were a PR from the date you entered Australia. The reason you can use the May time as the start of the qualifying period is that the Citizenship Act states A person is a Permanent Resident if they hold a PR visa and are in Australia OR They are not in Australia and hold a valid PR visa AND they last departed Australia as a PR. (Applies to you) As long as you have not spent longer than 12 months out of Australia from the date you first entered to Validate (and 3 months from 12 months before you lodge your application) your visa you are eligible for citizenship in May. Link to comment Share on other sites More sharing options...
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