Spouse visa and citizenship

[SallyKay]

Hi there,

i'm getting a little confused the more I'm reading so I wondered if anyone can give me a definite answer here, if I get my permanent spouse visa granted which I know requires me to be in Oz for two years with my husband am I then able to apply for citizenship and if so how long does this take and for me to apply for an Australian passport? I want to know also, if, once I have my Australian passport if I decide to move back to the UK for any reason I can return at a later date to live in Australia if i wish to? Both my children are Aussie citizens and even if we did move back to the UK if i feel i can't settle in Oz I fear one day my kids may want to come out to live so it would be good to know how long I need to stay in order to be able to come and go if I wanted to to avoid another Visa application. I am sure I will absolutely love it and want to stay forever but you never know so wanted to check! Thank you!

[CollegeGirl]

How long have you and your husband been together? If you've been married (or de facto) for at least 2 years and have at least one child together, as long as you provide evidence of that in your spouse application you'll likely go straight to permanent residency and won't have to wait two years for it.

 

You will need to live in Australia for four years before you'll qualify for citizenship (at least one as a permanent resident, you'll obviously have that part covered given you'll probably have it from the start! ).

[CollegeGirl]

Oh, and yes - once you're a citizen you can get an Aussie passport and come and go as you please. No need to worry about a visa ever again. If you're back in the UK and your Aussie passport runs out, though, I think you will need to get it renewed before you return to Oz.

[SallyKay]

Oh, and yes - once you're a citizen you can get an Aussie passport and come and go as you please. No need to worry about a visa ever again. If you're back in the UK and your Aussie passport runs out, though, I think you will need to get it renewed before you return to Oz.

This is so helpful, thank you! My husband and I have been together 7 years, married for 3 years, we have a 6 year old and a 3 year old. I had a feeling it was 4 years, we have friends who are claiming after only two years on a working visa they are getting citizenship! Can't be right!! Thank you for the info!!

[CollegeGirl]

They could be confusing Permanent Residency and citizenship. That would be my guess.

[Peach]

Once you've activated a PR spouse visa, the time that you spend with your spouse overseas can be counted towards the four years required for citizenship.

 

Be wary that once you're in Australia, you won't be able to leave with the kids without your husbands permission... (if you're already thinking about what happens if you feel unsettled).

[CollegeGirl]

Once you've activated a PR spouse visa, the time that you spend with your spouse overseas can be counted towards the four years required for citizenship.

 

Be wary that once you're in Australia, you won't be able to leave with the kids without your husbands permission... (if you're already thinking about what happens if you feel unsettled).

 

That's the first time I've heard this. You always seem to know what you're talking about, so you must be right. Do you have a reference for this? This is what DIBP's website states regarding residency requirements for citizenship:

 

The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia.You must:

 

 

• have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and

• not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying.

 

 

 

It would be awesome to find what you said written down somewhere - that would be great information for a lot of people!

[Peach]

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.

 

http://www.citizenship.gov.au/applying/documents/support_docs/support_1300t_1290/resi_variation/#. (under Ministerial Discretions).

[blossom]

This is so helpful, thank you! My husband and I have been together 7 years, married for 3 years, we have a 6 year old and a 3 year old. I had a feeling it was 4 years, we have friends who are claiming after only two years on a working visa they are getting citizenship! Can't be right!! Thank you for the info!!

I hear people with these stories so often. People get confused and go around telling people they can do this and that, which they can't. They will be thinking of pr.

[blossom]

http://www.citizenship.gov.au/applying/documents/support_docs/support_1300t_1290/resi_variation/#. (under Ministerial Discretions).

So still four years, but can be spent overseas. :-)

[CollegeGirl]

That's interesting. Thanks for sharing. I wonder how difficult Ministerial Discretion is to obtain....

[lebourvellec]

Before 2007 you could get citizenship after 2 years as a PR- but this changed to 4 years (last year as PR).

[newjez]

What if you had a spouse visa, lived in Oz for a year, returned to the UK, and then let the visa expire. Could she still claim citizenship? We have been married 12 years and have three kids.

 

Once you've activated a PR spouse visa, the time that you spend with your spouse overseas can be counted towards the four years required for citizenship.

 

Be wary that once you're in Australia, you won't be able to leave with the kids without your husbands permission... (if you're already thinking about what happens if you feel unsettled).

[SallyKay]

I have heard about this regarding taking the kids home if the hubby won't agree or worse still if you separated. I will be looking into this as I have heard many stories of women that become trapped due to this. Thanks all so much! Really helpful info!