Citizenship: "When did you first arrive lawfully in Australia?"

[ozziepom]

An ETA is for 12 months total, 3 months per visit but even this doesn't seem to be the issue.

 

I hope the below images are visible, these are real dates for my wife (give or take a couple of days, its from memory but I checked the 2009 dates this morning, only difference for me is I first arrived 1989, stayed for 5 years, then returned 2008 (holiday). This is my 2nd PR.

 

Says I may qualify now.

[Peach]

Can someone point me to the words continuous and continuity in the documentation that describes the residency requirement for citizenship?

[Rupert]

Can someone point me to the words continuous and continuity in the documentation that describes the residency requirement for citizenship?

 

Oh for heavens sake how many times.

 

How about your own post, the section you have quotes says you need to have had "lawful residence for four years immediately before making an application". So if it was not continuous, then it would not be possible to have had four years of lawful residence in the four years immediately before making an application would it?

 

And please, please don't bring dates in the country into this again... that is a separate matter. You can have lawful residence without being in the country.

[Peach]

Oh for heavens sake how many times.

 

How about your own post, the section you have quotes says you need to have had "lawful residence for four years immediately before making an application". So if it was not continuous, then it would not be possible to have had four years of lawful residence in the four years immediately before making an application would it?

 

And please, please don't bring dates in the country into this again... that is a separate matter. You can have lawful residence without being in the country.

 

Being rude is not a substitute for facts.

[Rupert]

Being rude is not a substitute for facts.

 

I have explained the same thing over and over again on this thread already and yes I am getting the banging head against a wall feeling. And I have not substituted the facts, I have provided those as well as being rude.

[NickyNook]

How about your own post, the section you have quotes says you need to have had "lawful residence for four years immediately before making an application". So if it was not continuous, then it would not be possible to have had four years of lawful residence in the four years immediately before making an application would it?

 

 

 

Not sure about that.

 

I've read lots of discussions on this topic and I recall JAJ stating elsewhere that the Act doesn't require a valid visa be held during any absences.

 

And I would never argue with JAJ about anything.

[Peach]

I have explained the same thing over and over again on this thread already and yes I am getting the banging head against a wall feeling. And I have not substituted the facts, I have provided those as well as being rude.

 

You have explained things as perceive them. You have not supported your opinion with any evidence.

[ozziepom]

Err, to get back OT I'm starting to think its worth applying now, any thoughts?

[Rupert]

You have explained things as perceive them. You have not supported your opinion with any evidence.

 

I have not provided an opinion. Why would I have an opinion on citizenship rules? It owuld be compeltely pointless and I can definitely tell you that i do not hold opinions on such things. I have just read what the immigration website says. I cannot explain this again, I have done so in every single post on this thread.

[Rupert]

Err, to get back OT I'm starting to think its worth applying now, any thoughts?

 

Worst that can happen is that you are refused and told to apply later.

 

I think you have a reasonable chance as you held the tourist visa, I would feel more confident of rumour if it were a 12 month one rather than the three month with multiple entry one but still you did have it.

[Rupert]

And I would never argue with JAJ about anything.

 

I would not either. If I see that from JAJ, then I shall wave the white flag. :biggrin:

 

 

 

ETA actually having said that, once in another place, I did get JAJ to admit that he was mistaken. But no generally I would not argue either.:wink:

Edited November 5, 2013 by Rupert

[sunni1234]

Err, to get back OT I'm starting to think its worth applying now, any thoughts?

 

A friend of ours recently contacted immi to ask if they qualified for cit. They asked for their current passport no. a few questions on ID and the nice immi officer punched in the info into their computer and said 'yes '.

 

Maybe you can call them and check if you qualify.

 

good luck sunni

[NickyNook]

I would not either. If I see that from JAJ, then I shall wave the white flag. :biggrin:

 

 

 

http://britishexpats.com/forum/showthread.php?p=8690144#post8690144

 

He also makes the point that frequently the website and other documentation does not always reflect what the Act actually says.

 

So, normal mortals (who don't know the Act inside out and are relying on the usual sources of info) can be forgiven for not getting it right all the time. :smile:

[boganbear]

You could just wait until May 2014. It's not that far away and the process is very quick....apart from getting a citizenship ceremony

[ozziepom]

You could just wait until May 2014. It's not that far away and the process is very quick....apart from getting a citizenship ceremony

 

Where I live (Gold Coast) the council says they run ceremonies monthly, not sure how full they are, either way I'd like to apply as soon as I can, just to get it done.

 

Found an interesting reference in the BE thread quoted to show JAJ's posts above, it shows a doc (from 2010, so may have changed) which says this...

 

"Example

Calculation of the 4-year lawful residence period when a person has been absent from

Australia on the day 4 years immediately before applying

If a person’s first arrival in Australia is less than 4 years before they apply for citizenship, they cannot

meet the general residence requirement, even if they spend 3 years continuously in Australia.

The start date of the 4-year lawful residence period is usually the date 4 years immediately before they

lodge their application. However, if the person has not made their first entry into Australia, they need

to wait at least 4 years after their first entry to meet this requirement.

Where a person was outside Australia on the day 4 years immediately before applying, but had

previously been in Australia, they may still use the day 4-years immediately before applying as a start

date, providing that on that day they held visa which was granted in Australia, or which was granted

offshore and the person had entered Australia on that visa.

If these conditions are met, then the person may use the full 4 year period immediately before

applying towards meeting the general residence requirement.

Example

Mr Smith entered Australia on 01/01/2004 on a subclass 457 visa. He departs a week later, and reenters

on 01/01/2006 on the same subclass 457 visa. He remains in Australia, becomes a permanent

resident on 01/01/2008 and applies for citizenship on 01/01/2009.

Mr Smith’s 4-year lawful period starts on 01/01/2005 (4 years before applying) because although he

was outside Australia on this date, he was previously in Australia and was still the holder s/c 457 visa."acis-may-2010 (1).pdf

acis-may-2010 (1).pdf

[austr4lia]

Please read my sad story :cry:

 

Came to Australia on a student visa on Feb 2006

 

Got Temporary residency on 16 June 2010(VC 485)

 

Applied for Permanent Residency on 1 December 2010(VB 885)

 

Travel overseas between 16 October 2011 and 27 November 2011

 

Temporary Visa (VC 485) expired on 11 December 2011. This was my biggest mistake as i didn't apply for a Bridging visa.

 

Applied for and got Bridging visa A on 05 June 2012. Now this is the time my residence period reset as my earlier time period in Australia was overwritten by being unlawful from 11 December 2011 to 05 June 2012. So all my 6 Years of residence in Australia account for nothing :mad:.

 

Now, I got Permanent Residency on 3 July 2013 and till today i was thinking that next year i will be an Australian Citizen. I just happen to call Immigration today and got the shock when they told me that i will be eligible for Citizenship on 5 June 2016 :arghh: . Now my query is regarding the 4 years of lawful residence. My wife is overseas and i would like to join her for around 6-7 months, just wondering if i can include the same time in my Residency requirement of 4 years. I plan to leave Australia to see my wife somewhere around December 2014 and will come back to Australia in july 2015. Is this absence from Australia going to hinder my Citizenship plans in any way?. I filled these dates in the Residency calculator and the results are positive. Inputs from the esteemed members will be highly appreciated.

[Quinkla]

Now my query is regarding the 4 years of lawful residence. My wife is overseas and i would like to join her for around 6-7 months, just wondering if i can include the same time in my Residency requirement of 4 years. I plan to leave Australia to see my wife somewhere around December 2014 and will come back to Australia in july 2015. Is this absence from Australia going to hinder my Citizenship plans in any way?

When you apply for citizenship you must have been away from Australia for no more than 12 months in the last four years, and no more than 3 months in the last year. So a 6-7 month trip would be fine as long as you don't do it again in your 4 year qualification period.

[wongkitogalo]

When you apply for citizenship you must have been away from Australia for no more than 12 months in the last four years, and no more than 3 months in the last year. So a 6-7 month trip would be fine as long as you don't do it again in your 4 year qualification period.

 

 

 

 

I arrived in Australia on 18 Jan 2007 and my student visa last until 25 Nov 2009.

 

Applied Permanent visa Subclass 886 on 11 May 2009.

Travel overseas on BVB in Dec 2009 and came back end of Jan 2010. (BVB valid for 3 months)

Travel overseas on BVB for second time in Sept 2011 for 2 weeks. (BVB valid for 12 months)

886 visa was granted on 22 May 2013.

 

 

1. Do we have to reinstate our BVA upon returning to Australia when we travel under BVB ? or will it be automatically reinstate once we enter Australia?

 

2. Could I apply for the citizenship by June 2014?

Edited December 13, 2013 by wongkitogalo

[Rupert]

I arrived in Australia on 18 Jan 2007 and my student visa last until 25 Nov 2009.

 

Applied Permanent visa Subclass 886 on 11 May 2009.

Travel overseas on BVB in Dec 2009 and came back end of Jan 2010. (BVB valid for 3 months)

Travel overseas on BVB for second time in Sept 2011 for 2 weeks. (BVB valid for 12 months)

886 visa was granted on 22 May 2013.

 

 

1. Do we have to reinstate our BVA upon returning to Australia when we travel under BVB ? or will it be automatically reinstate once we enter Australia?

 

2. Could I apply for the citizenship by June 2014?

 

It is quite a complicated area, but looks to me like you made the same mistake as others in not reinstating your BVA when you returned to Australia after your trips.

 

Can you find out if you had a valid visa (including BVA) at all times? If you were without a visa, then as the poster just above, your clock reset when you did get a visa.

[wongkitogalo]

It is quite a complicated area, but looks to me like you made the same mistake as others in not reinstating your BVA when you returned to Australia after your trips.

 

Can you find out if you had a valid visa (including BVA) at all times? If you were without a visa, then as the poster just above, your clock reset when you did get a visa.

 

 

When my student visa expired on November 2009, my BVA kicked in.

 

Before I left in mid Dec 2009 I applied for BVB.

I would have thought that If we have BVA then travelled on BVB we don't

have to reinstate our BVA when we come back.....????

[Rupert]

When my student visa expired on November 2009, my BVA kicked in.

 

Before I left in mid Dec 2009 I applied for BVB.

I would have thought that If we have BVA then travelled on BVB we don't

have to reinstate our BVA when we come back.....????

 

Well as you already know this, you seem to be ok, what is your question?

Edited December 14, 2013 by Rupert

[CollegeGirl]

When my student visa expired on November 2009, my BVA kicked in.

 

Before I left in mid Dec 2009 I applied for BVB.

I would have thought that If we have BVA then travelled on BVB we don't

have to reinstate our BVA when we come back.....????

 

You are incorrect about this. You DO have to get your BVA reinstated upon your return.

[wongkitogalo]

You are incorrect about this. You DO have to get your BVA reinstated upon your return.

 

Thanks. It seems that I have been living unlawfully in Australia since I did not reinstate my BVA upon returning to Australia.

 

Now I have to wait until 22 May 2017 before I put my citizenship application.:arghh:

Edited December 14, 2013 by wongkitogalo

[wongkitogalo]

You are incorrect about this. You DO have to get your BVA reinstated upon your return.

 

 

This is interesting.......after hours of searching my old files, I managed to find out a letter from immigration when I applied my 886.

 

quote: ...." If you do not obtain a Bridging visa B while your substantive visa (for example any visitor visa,student visa or temporary residence visa you may hold) is still valid, and you depart and re-enter

Australia using you substantive visa, you must apply for a replacement Bridging visa A on

return."

 

Does it means ONLY if we depart and re-enter Australia using a valid substantive visa, then we MUST apply for a replacement of BVA?.

 

Anyway, I think will call IMMI on Monday to find out if I am eligible or not to apply for the citizenship by June 2014 or I have to wait until June 2017.

Edited December 14, 2013 by wongkitogalo

[wongkitogalo]

You are incorrect about this. You DO have to get your BVA reinstated upon your return.

 

 

I rang the IMMI today, and they check my travel movement, been advised I am eligible to apply by 22 May 2014.

 

You don't have to reinstate the BVA upon returning if you travel using BVB.

 

Only those who travel using their substantive visa need to reinstate their BVA.