QLD1872015 Posted September 10, 2016 Share Posted September 10, 2016 Has anyone cancelled their visa and been granted a bridging visa E the same day and applied for citizenship counting this time towards their 4 years? I've heard my lawful residence will restart from the date of the bridging visa E grant? If so this is so disheartening due to spending 5 years in aus previously Quote Link to comment Share on other sites More sharing options...
Quinkla Posted September 10, 2016 Share Posted September 10, 2016 A bridging visa E is generally only granted if you have become unlawfully present in Australia - hence there is a discontinuity in your lawful status between the previous visa and the bridging visa E Quote Link to comment Share on other sites More sharing options...
QLD1872015 Posted September 10, 2016 Share Posted September 10, 2016 A bridging visa E is generally only granted if you have become unlawfully present in Australia - hence there is a discontinuity in your lawful status between the previous visa and the bridging visa E Thanks for your reply. It's just so frustrating because I self requested cancelled my visa and got the bridging visa e the same day so there wasn't even 24 hours that I was unlawful. Oh well another four years it is Quote Link to comment Share on other sites More sharing options...
Ken Posted September 10, 2016 Share Posted September 10, 2016 Hi Ken, Could you please clarify why my 4 year residency period commenced on 9 Jan 2015 and I will be eligible for citizenship on 9 Jan 2019. If 4 year residency started from 9 Jan 2016 then I presume The date of eligibility for citizenship should be 9 Jan 2020. Thank you. You're allowed to be outside of Australia for up to 1 year of the 4 year residency. Consequently if you complete 3 years in Australia (which you'll do on 9 Jan 2019) you can add the year before you arrived (provided you really did lawfully visited Australia at some point before that - which you did in 2014) to calculate your 4 year residency period. In your case the 4 years will run from 9 Jan 2015 to 9 Jan 2019. The fact that weren't in Australia on 9 Jan 2015 or any of the next 12 months is irrelevant as long as you are in Australia for the remainder of the 4 years. Quote Link to comment Share on other sites More sharing options...
Lilia Posted January 10, 2017 Share Posted January 10, 2017 Hi guys, Could someone who has possibly been in a similar situation give me a solid advice on the following. My situation is: Entered Australia on a visitor visa (subclass 676) 30 October 2012 and stayed here until 28 April 2013. Entered Australia again on 16 April 2014 as a permanent resident (absent from AU between 28 April 2013 and 16 April 2014). I was granted permanent residency offshore straight away (subclass 100) without any bridging visa because my husband and I have been married for many years prior to moving to Australia but apparently it does not change anything when it comes to applying for the citizenship. Dates of absence from Australia after that: 14/6/14 - 20/6/14 5 days 26/5/15 - 03/6/15 6 days 9/4/16 - 25/4/16 15 days 19/1/17 - 25/1/17 upcoming trip 5 days When I enter all these details into the residence calculator on DIBP website (with lawful residence date being 30 October 2012), it comes up with 17 May 2017 as the date I am eligible to apply for the citizenship. However, the calculator does not ask you to specify if you have been overseas with or without a valid Australian visa. I have also noticed that the calculator does not reset the clock if you have been overseas for more than 12 months but pushes the date towards that day when you have been in Australia for 3 years plus 12 months of absence. I called DIBP today and they told me that the time spent outside Australia without valid Australian visa does not count towards the 4 years residence requirement. However, they confirmed that staying in AU on a visitor visa does count but in my case it cannot be used for nothing since I have been absent from Australia after that without a valid visa, and that I am not eligible to apply until 16 April 2018 (4 years after I entered AU as a permanent resident). He also told me that if I had obtained some kind of Australian visa before departing overseas, it would have counted but otherwise not. The customer service representative from DIBP did not look me up on the computer or asked for how long I have been absent from Australia during 4 years prior to applying thou, just answered generally. I have heard/read very mixed opinions about this and would very much like to hear a second opinion. Is it correct what I have been told by DIBP? Quote Link to comment Share on other sites More sharing options...
whtzau Posted March 6, 2017 Share Posted March 6, 2017 Hi guys, Could someone who has possibly been in a similar situation give me a solid advice on the following. My situation is: Entered Australia on a visitor visa (subclass 676) 30 October 2012 and stayed here until 28 April 2013. Entered Australia again on 16 April 2014 as a permanent resident (absent from AU between 28 April 2013 and 16 April 2014). I was granted permanent residency offshore straight away (subclass 100) without any bridging visa because my husband and I have been married for many years prior to moving to Australia but apparently it does not change anything when it comes to applying for the citizenship. Dates of absence from Australia after that: 14/6/14 - 20/6/14 5 days 26/5/15 - 03/6/15 6 days 9/4/16 - 25/4/16 15 days 19/1/17 - 25/1/17 upcoming trip 5 days When I enter all these details into the residence calculator on DIBP website (with lawful residence date being 30 October 2012), it comes up with 17 May 2017 as the date I am eligible to apply for the citizenship. However, the calculator does not ask you to specify if you have been overseas with or without a valid Australian visa. I have also noticed that the calculator does not reset the clock if you have been overseas for more than 12 months but pushes the date towards that day when you have been in Australia for 3 years plus 12 months of absence. I called DIBP today and they told me that the time spent outside Australia without valid Australian visa does not count towards the 4 years residence requirement. However, they confirmed that staying in AU on a visitor visa does count but in my case it cannot be used for nothing since I have been absent from Australia after that without a valid visa, and that I am not eligible to apply until 16 April 2018 (4 years after I entered AU as a permanent resident). He also told me that if I had obtained some kind of Australian visa before departing overseas, it would have counted but otherwise not. The customer service representative from DIBP did not look me up on the computer or asked for how long I have been absent from Australia during 4 years prior to applying thou, just answered generally. I have heard/read very mixed opinions about this and would very much like to hear a second opinion. Is it correct what I have been told by DIBP? you may refer to page 91 of https://www.border.gov.au/Citizenship/Documents/acis-june-2016.pdf visitor visa staying in Australia can be counted towards the 4 year residence requirement. the problem is when your subclass 100 visa (partner permanent visa) was approved while you were overseas (absent from AU between 28 April 2013 and 16 April 2014), your subclass 100 visa "replaced" subclass 676 visitor visa while you overseas, and your subclass 100 PR visa was only activated when you arrived Australia on that PR visa on 16 April 2014. This caused you did not have "activated" visa between approved date of your PR visa and 16 April 2016. 4 year lawful residence means you have to hold "valid" and "activated" visa everyday throughout 4 years. Quote Link to comment Share on other sites More sharing options...
nandyish Posted March 14, 2017 Share Posted March 14, 2017 Hi I am kind of in the same dilemma: In my case First arrival: Student (1year 1 month) July 2009-Aug 2010 Second arrival: Student; temporary skilled (4years 2 months) Feb 2011-April 2015(visa ended) (11 months 27days gap between the second and third visit) Third arrival: PR April 2016- I am not sure a) if i am eligible to apply for citizenship this April 2017 b) What is my lawful residence date c) if my 4 years reset what date do i consider for the reset date. If someone could shed a light through your experience that would be much appreciate. Quote Link to comment Share on other sites More sharing options...
whtzau Posted March 17, 2017 Share Posted March 17, 2017 When was your PR visa application approved ? were you onshore or offshore ? Which day was your student visa ceased in April 2015 ? Where were you when your student visa ceased in April 2015 ? Quote Link to comment Share on other sites More sharing options...
nandyish Posted March 17, 2017 Share Posted March 17, 2017 Second time around I was in Australia for a time period of 4 years 2 months (lawfully of course)! I was I. Australia when it finished and I then left for my home country to return back after 11 months and 27 days on PR Quote Link to comment Share on other sites More sharing options...
nandyish Posted March 17, 2017 Share Posted March 17, 2017 FYI I spoke with the department, explained the whole case of my absence. They looked it up in their system and checked with their tactical officer and all.. I am eligible this April! Yay! Quote Link to comment Share on other sites More sharing options...
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