sapphilor Posted June 23, 2016 Share Posted June 23, 2016 Hello, Could someone please give me a definite answer on whether "Lawful residence date" here: http://www.border.gov.au/Trav/Ente/Retu/residence-calculator includes a tourist visa? It says "any temporary or permanent visa" but some people say that a tourist is a visitor visa, not a residency so it wouldn't count. I've searched everywhere, the application form only says "on a valid Australian visa" (ie. tourist counts), doesn't mention residence at all, but it does point to the calculator. Example case: 1/Jan/2013 - enter Australia on Tourist visa (evisitor) 1/Mar/2013 - applied for 457 onshore, Bridging A 1/May/2013 - received 457 is lawful residence date 1/Jan or 1/May? Please help! Thank you so much, s. Quote Link to comment Share on other sites More sharing options...
Mark Northam Posted June 23, 2016 Share Posted June 23, 2016 Hi Sapphilor - Lawful residence means on any visa, including a visitor, student, bridging, etc visa. So based on your info, 1 Jan 2013 would be the beginning of your lawful residence in Australia. Hope this helps - Best, Mark Northam 1 Quote Link to comment Share on other sites More sharing options...
sapphilor Posted June 23, 2016 Author Share Posted June 23, 2016 Thank you Mark! You've saved me a sleepless night What about the following: 1 Apr 2012 - entered on eVisitor 1 Jul 2012 - left on eVisitor (didn't overstay the 90 days, I'm just rounding up to make it easier) - stayed out while evisitor still active - 1 Jan 2013 - entered again on a new evisitor overwriting the old one, and as above went from tourist -> bridging -> 457 without leaving the country for any significant amount of time 1 Nov 2015 - received PR Does the residence date move to 1st of April 2012 in this case because the evisitor was still active and the "gap" is within the allowed absence time of not more than a year out of the past 4? Or do they have to be continuous? So, basically, is the eligibility date: 1 Nov 2016 or 1 Jan 2017 Thank you once again! You've answered the crucial question, this one would only save me 2 months of waiting... Quote Link to comment Share on other sites More sharing options...
George Lombard Posted June 23, 2016 Share Posted June 23, 2016 Hi Sapphilor, It's worth considering a phone call to the citizenship line 131880 on this kind of issue. You'll find that the citizenship service standards are very different to the immigration line 131881 :-) Cheers, George Lombard Quote Link to comment Share on other sites More sharing options...
sapphilor Posted June 24, 2016 Author Share Posted June 24, 2016 (edited) Hi Sapphilor, It's worth considering a phone call to the citizenship line 131880 on this kind of issue. You'll find that the citizenship service standards are very different to the immigration line 131881 :-) Cheers, George Lombard Thanks George! The reason I'm avoiding that call isn't the wait time. It's because if it resembles the visa line at all, you are likely to get different answers from different operators. And there's no way to quote them on it later if let's say I submit my application based on the info and it turns out to be wrong. I will have to call though, seems there isn't any way to get a more certain answer. Edit: I just re-read the message. Good to hear that it does NOT resemble the visa line Edited June 24, 2016 by sapphilor Quote Link to comment Share on other sites More sharing options...
ricco56 Posted June 24, 2016 Share Posted June 24, 2016 An interesting one. I endorse George's advice and suggest you call the Citizenship line to confirm your case before submitting your application. A key question that you need to consider is whether the visa you held on 1 Nov 2012 was the same visa (same transaction number etc) that you subsequently used to re-enter on 1 Jan 2013. If so was that same visa in effect during your earlier stay in April-Jun 2012. If so, you could have a case for being eligible on 1 Nov 2016, otherwise your residence did not commence until 1 Jan 2013 when your new visa 'came into effect', and hence you would eligible on 1 Jan 2017 (presuming you meet all other eligibility criteria). Please keep us posted as to the ruling you get. Quote Link to comment Share on other sites More sharing options...
sapphilor Posted June 24, 2016 Author Share Posted June 24, 2016 (edited) An interesting one.Please keep us posted as to the ruling you get. I called. Happy to report that the response is: 1st of November 2016, the anniversary of my PR (not exactly, but as per the simplified example). The 2012 stay counts, even though it was on a different passport of a different nationality (I'm a dual citizen), and even though it was a different eVisitor visa. I had to apply for a new one while the old one was valid because it would've expired during my 2nd stay. From what the lady on the phone explained, it counts because my total absence from the country is less than a year within the past 4, and it seems it doesn't matter if I wasn't in the country 3 years before the exact date of my PR grant date as long as I was here before/after. Edited June 24, 2016 by sapphilor 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...
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