Jump to content

Residence Requirements for getting citizenship.


kulsumt

Recommended Posts

Hi. I am a Chartered Accountant from Bangalore, India. Me & my family got the PR visa on 01/06/2012. It is a skilled sponserd visa. We all made our first entry in October 2012 & stayed in Perth for 8 days & returned back. Me the primary applicant alone made a second entry in March 2014 & stayed there for 60days till April 30th 2014 & returned back. Now our visa is getting expired in June 2017. According to the immigration website our PR starts from the date of our first arrival i.e. from October 22nd 2012. Therefore our fifth year of PR starts from October 22nd 2016. As we all have the 8 days stay of our first arrival, now we are planning to arrive in AU by this October 30th 2016. If we do so are we fulfilling the residence requirement of 12 months stay in PR period & later we continue to stay for 3 more years there without exit & complete our four years stay. If so are we eligible to get citizenship? After the expiry of our visa if we stay there do we have to renew it? If we need RRV when we shoul apply June or October?Kindly reply to my queries & do the needful. I have very short period now. Just 1 week time left for our departure. Thank u.M M TaherChartered Accountantant

Edited by VERYSTORMY
forum rules
Link to comment
Share on other sites

As above, your visa and all of its time points are from date of grant not first entry.

 

In in order to get citizenship, you need to have held a visa for 4 years, you must not have been out of Oz for more than a total of 12 months in the 4 years and no more than 90 days in the year prior to application.

 

Your visa never expires, only the travel portion expires 5 years after grant. Therefore, if you don't leave the country after that, you do not need a rrv.

Link to comment
Share on other sites

Thank u. But as per website visa granted offshore, the PR starts from the date of first arrival right? How about our early stay of 2 months 8 days, will it be calculated for the 4 years if stay for citizenship?

 

You are reading something very wrong. The five years commences when the visa was granted and your initial entry date has no particular relevance.

 

After June next year, when the five years is up, you should apply for a resident return visa before you travel overseas. If you don't intend to travel then you do not need to do anything.

 

You would be eligible for citizenship three years after you return to Australia, so October 2019, assuming you remain onshore all that to e.

Link to comment
Share on other sites

Good. U mean to say that if we enter on the last day of the 5 year PR period & stay continuously for 1year without exit i.e. in PR & stay another 3 years with the breakup stay in the middle & complete 4 years, then also we are eligible for citizenship. I hope i am right now.

Link to comment
Share on other sites

Good. U mean to say that if we enter on the last day of the 5 year PR period & stay continuously for 1year without exit i.e. in PR & stay another 3 years with the breakup stay in the middle & complete 4 years, then also we are eligible for citizenship. I hope i am right now.

 

I mean to say exactly what I said. I have not mentioned one year and I am not sure why you keep mentioning one year. If you arrive and stay for THREE years without leaving you would qualify for citizenship. There is no relevance to one year at all.

 

I also would not recommend moving on the last day of the initial five years, what if your flight is delayed or you miss it?

Link to comment
Share on other sites

I mean to say exactly what I said. I have not mentioned one year and I am not sure why you keep mentioning one year. If you arrive and stay for THREE years without leaving you would qualify for citizenship. There is no relevance to one year at all.

 

I also would not recommend moving on the last day of the initial five years, what if your flight is delayed or you miss it?

 

We cut it close with ours due to illness and then death in the family, it all came down to two days in the end..............daughter finished her last school exam two days later we flew out, two days later we landed, two days later the visa ran out (well the 5 year was up) we were sweating about any delays I can tell you!

Link to comment
Share on other sites

Sorry. U are upset may be with my queries. But your reply is not clear to me. It is not clarifying my query....:confused:

 

Does this help?

 

[h=2]What are the requirements for Australian Citizenship?[/h]The general requirements for Australian Citizenship are:

 

 

  • Permanent resident status for 1 year and have lived in Australia for at least 9 out 12 months within the year

  • Lived continuously and legally in Australia for the past 4 years

  • Be physically present in Australia and must have not been absent for more than 12 months in the last 4 years

 

Link to comment
Share on other sites

You need to enter Australia before your 5 years from date of issue runs out. Then once in Australia and you want citizenship then the criteria has to be met but to make it clear cut then..................get your ass to Oz and stay in Australia for 4 continuous years and apply for citizenship .............easy as! Of course you can make the process drag on for years or just keep getting RRV's forever but doubtful you will keep getting them if spending more time out of Aus than in!

Link to comment
Share on other sites

It appears to be your insistence in leaving things to the last minute, showing little interest in actually wanting to residing in a permanent manner and trying to find a way around or short cut your way to citizenship. There are a lot of people whom would give an arm and a leg to have all the advantages that a PR visa offers, and once they get one then planning their move to live in Australia becomes their first concern followed later by citizenship.

Good luck with your endeavors.

Link to comment
Share on other sites

You need to arrive before the visa expires which is not October but June the date of grant.

 

That is the critical date. Once you are settled in Australia then after three years continuous residence you will be eligible for citizenship as you are allowed 12 months absence.

 

Any time you spend out of Australia in that time ( you will need and RRV) must be added to the end of the three years and must be less than 90 days in total in the last year before applying.

 

This confuses a lot of people.

 

For example in my case. We visited on our visa before moving 18 months before settling. We settled here on 29th Jan 2014. We have had for arguments sake 35 days outside Australia since settling.

 

We can apply for citizenship on 29th Jan 2017 PLUS 35 days plus 1 day ( as should be after the full residence requirement)

 

There is a calculator to use. Put your dates in and project what you think will be your date, it will correct you if you are wrong.

 

The 12 months as PR is only relevant if you were resident on a temp visa for some of the time.

Link to comment
Share on other sites

You need to arrive before the visa expires which is not October but June the date of grant.

 

That is the critical date. Once you are settled in Australia then after three years continuous residence you will be eligible for citizenship as you are allowed 12 months absence.

 

Any time you spend out of Australia in that time ( you will need and RRV) must be added to the end of the three years and must be less than 90 days in total in the last year before applying.

 

This confuses a lot of people.

 

For example in my case. We visited on our visa before moving 18 months before settling. We settled here on 29th Jan 2014. We have had for arguments sake 35 days outside Australia since settling.

 

We can apply for citizenship on 29th Jan 2017 PLUS 35 days plus 1 day ( as should be after the full residence requirement)

 

There is a calculator to use. Put your dates in and project what you think will be your date, it will correct you if you are wrong.

 

The 12 months as PR is only relevant if you were resident on a temp visa for some of the time.

Just gone onto the government site and there is a residency eligibilty calculator. We arrived on a PR visa in Nov 2013 and have resided here from that time. According to the calculator we are not eligible to apply until November 2017 so not sure about your second paragraph. Sorry if I have read it incorrectly

Edited by Bristle
Link to comment
Share on other sites

Just gone onto the government site and there is a residency eligibilty calculator. We arrived on a PR visa in Nov 2013 and have resided here from that time. According to the calculator we are not eligible to apply until November 2017 so not sure about your second paragraph. Sorry if I have read it incorrectly

 

Don't see your problem -4 years continuously being in Australia on a PR visa from Nov 2013 will make you eligible in Nov 2017.

 

the last paragraph in that previous post would only be relevant if you had been here on a temp visa before getting PR. Were you on a tem visa here before getting PR?

Link to comment
Share on other sites

Don't see your problem -4 years continuously being in Australia on a PR visa from Nov 2013 will make you eligible in Nov 2017.

 

the last paragraph in that previous post would only be relevant if you had been here on a temp visa before getting PR. Were you on a tem visa here before getting PR?

 

I realise that we eligible in 2017 but on the post from rammygirl she says that after three years continuous residency you will be eligible for citizenship as you are allowed 12 months absence but this could be misleading.

Link to comment
Share on other sites

I realise that we eligible in 2017 but on the post from rammygirl she says that after three years continuous residency you will be eligible for citizenship as you are allowed 12 months absence but this could be misleading.

 

Rammygirl was replying to the OP and she is quite correct in what she says. The OP's circumstances are such that they will be eligible for citizenship after living in Australia for three continuous years.

Link to comment
Share on other sites

My clear cut query is

*Is that 4 years of stay should be in the first 5 years of PR after the date of grant or later stay will be valid or not....

 

No, the 4 years does not have to be within the first 5 years of visa grant.

 

You could enter Australia in year 5 from grant and stay for 4 years, I.e. 9 years after initial grant , subject to the conditions already mentioned such as no more than 12 months out of Australia within those 4 years of residency etc

Link to comment
Share on other sites

It's not any 4 year period, it's only the 4 year period immediately before the date you apply for citizenship that counts. In those 4 years you must have been in Australia for 3 years including at least 9 months out of the last 12 months. You must have had PR for the last 12 months but it makes no difference if that was granted 12 months ago (provided you had a temporary visa before that) or 20 years ago (the expiry of the travel portion of your PR visa is irrelevant).

 

PS provided you visited Australia at some point in the distant past, you only need to stay continuously for 3 years to be eligible to apply for citizenship as the 12 months you are allowed to be outside of Australia can be the first 12 months of your 4 year period of residency.

Edited by Ken
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...