citizenship times

[jgt]

Dear all, can anyone shed light on timelines for citizenship.We have been here for 2 years and 3 months. Before we came like many we came on a reccie thus validating our permanant resident visas. Does our 4 year time begin when we validated the visas or when we actually moved here 2.3 years ago.

 

Thanks for your help

[Gbye grey sky]

As I understand it time out of the country is deducted so it is 4 years total in Australia. You can add the duration of the validation trip to your 2 years, 3 months but this will not help you to advance it much.

[NickyNook]

You can start counting from the date you arrived to validate.

 

You're allowed a year's absence within the four years residency period. Assuming that the time between validating and arriving to live here was less than a year, then that time away can be counted towards the four years.

 

You also need to not be absent for more than 90 days within the year immediately before applying.

[Gbye grey sky]

You can start counting from the date you arrived to validate.

 

You're allowed a year's absence within the four years residency period. Assuming that the time between validating and arriving to live here was less than a year, then that time away can be counted towards the four years.

 

You also need to not be absent for more than 90 days within the year immediately before applying.

 

Seems I was misinformed, sorry to OP.

 

I was out of the country myself for 342 days from validation in August 2014 to taking up residency on 31 July 2015 so provided I am not absent more than a total of 23 days in total between now and August 2018 I will be eligible then? I am expecting to have to make at least one UK trip though for family reasons in the not too distant future so may exceed this 23 days; presumably each day's absence over 365 days just sets the time limit back an extra day?

[datstheone]

A related query that won't be needed for several years, and no doubt rules will have changed by then!

 

As my wife's tenants moved out before my partner visa was granted I came out on an e-visitor visa for most of last January and then went back to UK to await my partner visa. This was granted in March and I arrived in April. My e-visitor visa was on same passport and was still valid when my partner visa was granted.

 

Does my 4 year countdown start from my arrival in January or in April, assuming I fulfil the overall time in Australia requirements?

[NickyNook]

Seems I was misinformed, sorry to OP.

 

I was out of the country myself for 342 days from validation in August 2014 to taking up residency on 31 July 2015 so provided I am not absent more than a total of 23 days in total between now and August 2018 I will be eligible then? I am expecting to have to make at least one UK trip though for family reasons in the not too distant future so may exceed this 23 days; presumably each day's absence over 365 days just sets the time limit back an extra day?

 

Yes, that's correct. You will be eligible in August 2018 and if you do have any extended trips away that take you over the 365 day limit, it will set you back the number of days > 365.

 

Note that you do not have to be present in Australia on the day four years prior to your application - but you must have been in possession of a valid visa on that day.

[NickyNook]

A related query that won't be needed for several years, and no doubt rules will have changed by then!

 

As my wife's tenants moved out before my partner visa was granted I came out on an e-visitor visa for most of last January and then went back to UK to await my partner visa. This was granted in March and I arrived in April. My e-visitor visa was on same passport and was still valid when my partner visa was granted.

 

Does my 4 year countdown start from my arrival in January or in April, assuming I fulfil the overall time in Australia requirements?

 

I believe that you can start counting from the day you arrived on the e-visitor visa. I have seen some people argue that you need to have held a valid visa continuously during your times of absence but I believe that the Act doesn't actually state that. My understanding is that you only need to have held a valid visa on the day 4 years immediately prior to application.

[Ken]

Dear all, can anyone shed light on timelines for citizenship.We have been here for 2 years and 3 months. Before we came like many we came on a reccie thus validating our permanant resident visas. Does our 4 year time begin when we validated the visas or when we actually moved here 2.3 years ago.

 

Thanks for your help

 

If your recce was more than 12 months before you moved (and you haven't spent any other time out of Australia) then your 4 year residency begins 12 months before you moved to Australia. If your recce was less than 12 months before you moved you might be able to count back 12 months (plus the length of the recce) if you visited Australia previously.

[Ken]

As I understand it time out of the country is deducted so it is 4 years total in Australia. You can add the duration of the validation trip to your 2 years, 3 months but this will not help you to advance it much.

 

No, it is a 4 year period but you can be out of Australia for up to 12 months of that period. You can't be out of Australia for more than 3 months out of the last 12 months but can be out of Australia for the entire first 12 months provided you don't leave at all for the next 36 months. You only have to be on a permanent residency visa for the last 12 months so time on visitor visas and even between visas should count too. What you can't do is add any period that was more than 4 years ago to your residency (even if you spent 4 years here in the past if you didn't get citizenship at the time it doesn't count now).