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Eligibility for citizenship


clareylew

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Hi

I have been reading up on the Immigration website and think I am eligible for citizenship (just) based upon my visa validation visit

 

Got PR (offshore) in November 2013

Visited to validate October 2014 (2 weeks)

Visited again March 2015 (2 weeks)

Arrived for good September 2015

 

I think based upon the info that I am eligible to treat my start date for the 4 years as October 2014...is that right?

If so am I able to take any time out of Australia before October 2018??

Quite keen to get citizenship as early as possible

 

thanks v m

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Australian Citizenship Act 2007 Residence Requirements

To satisfy the residence requirements 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 immediately before applying.

 

 

I don't think you can count the year you haven't actually lived in Australia despite have a PR visa. And in the final year before you apply you can't spend more than 90 days outside of the country.

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Hi

I have been reading up on the Immigration website and think I am eligible for citizenship (just) based upon my visa validation visit

 

Got PR (offshore) in November 2013

Visited to validate October 2014 (2 weeks)

Visited again March 2015 (2 weeks)

Arrived for good September 2015

 

I think based upon the info that I am eligible to treat my start date for the 4 years as October 2014...is that right?

If so am I able to take any time out of Australia before October 2018??

Quite keen to get citizenship as early as possible

 

thanks v m

 

You are correct, the clock starts from your validation trip. However you are only allowed 365 days out of the country since that time and you already used most of that up between October 2014 and your return of September 2015. So you just have to keep careful track of the days outside the country. If you do not leave Australia again, then yes I expect you would qualify Ocotber 2018, but this will be pushed furhter out the more time you spend overseas.

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Rough estimate: 4 years from when you arrived for good, so September 2019 is when you are eligible.

 

Not true. It is from whe legally resident, which was on the day they landed to activate the visa.

 

Australian Citizenship Act 2007 Residence Requirements

To satisfy the residence requirements 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 immediately before applying.

 

 

I don't think you can count the year you haven't actually lived in Australia despite have a PR visa. And in the final year before you apply you can't spend more than 90 days outside of the country.

 

They can count the year, you are allowed up to a year outside Australia over the course of the four year qualification period. In this case the OP has used that year up front, which is perfectly fine.

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I'm trying to work out my eligibility. What's the difference between permanent residence date and lawful residence date?? We arrived in Aus Dec 2009, went back to UK June 2010, returned to Aus Jan 2013, so I thought the four year clock would reset when we returned in Jan and we wouldn't be eligible until Jan 2017? Any advice? Thanks,

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I'm trying to work out my eligibility. What's the difference between permanent residence date and lawful residence date?? We arrived in Aus Dec 2009, went back to UK June 2010, returned to Aus Jan 2013, so I thought the four year clock would reset when we returned in Jan and we wouldn't be eligible until Jan 2017? Any advice? Thanks,

 

Permanent residence date is the date you become a permanent resident.

 

Australian Citizenship Act 2007 Residence Requirements

To satisfy the residence requirements 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 immediately before applying.

     

 

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Permanent residence date is the date you become a permanent resident.

 

Australian Citizenship Act 2007 Residence Requirements

To satisfy the residence requirements 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 immediately before applying.

 

Thanks Suzukiscottie, we have the 176 permanent residency visas so I've entered the date we first arrived in Oz, which was 9th Dec 2009, do I add this date as the lawful residence date as well? I'm really confused because when I enter the dates in the calculator, and leave the intended lodgement date as today's date, it says I've met the residency requirements. I just assumed that because we had a gap of 3 years then the clock would reset and we would have to count 4 years from January 2013?

Edited by MaggieMay24
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.. I'm really confused because when I enter the dates in the calculator, and leave the intended lodgement date as today's date, it says I've met the residency requirements. I just assumed that because we had a gap of 3 years then the clock would reset and we would have to count 4 years from January 2013?

 

The calculator is correct. Don't forget that you are allowed a whole year's absence in the 4 year period. This means you can start counting the four-year period a year before you actually returned (because you held a valid visa on that date). This means you qualify for citizenship three years after returning, which is January 2016.

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Yes, this is how we intend on doing it too. We are hoping to obtain visa's by March 2017. We will then validate in August 2017 starting the 4 year clock. Hope to then move out August 2018. If we don't then leave for 3 years we will be eligible August 2021 in time for my son to qualify for citizen rate university funding.

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