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Citizenship application - when does the 4yr period start


mrhobbes

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Hi there,

 

I see from:

http://www.border.gov.au/Trav/Citi/pathways-processes/application-options/migrant-with-permanent-residence/eligibility

 

That the general residence requirement for citizenship is:

 

 

  • have lived in Australia on a valid Australian visa for four years immediately before applying
  • must have been a permanent resident for the 12 months immediately before making an application and not have been absent from Australia for more than one year in total, during the four year period, including no more than 90 days in the 12 months before applying.

 

 

 

My family gained 457 visas and moved to Australia in August 2014, and then gained 186 visas in November 2015. I believe we can therefore apply for citizenship in August 2018.

 

However, my son didn't join us in Australia until June 2015, so 10 months later (although he had the 457 visa at the same time as us).

 

If my son had joined us in August 2014, had then left for a 10 month period, and then returned, I believe he too could apply for citizenship in August 2018.

 

However, because my son had his 10 month absence at the start of the 4yr period, rather than during, does that affect the 4yr clock on citizenship application?

 

Thanks very much.

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The clock starts from when he arrived in Australia so he'd be 10 months behind you. If he's under 16 then he doesn't need to meet the residence requirement. If he's 16 or over, then he needs to meet the residence requirement unless he can prove he'd suffer significant hardship or disadvantage if he needs to wait the additional 10 months (no idea what they consider significant hardship or disadvantage but assume for 10 months they'd tell him to wait).

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Maybe going to University and access to HECS, applying for a federal government job (like Police or Armed Forces)?
I'm not sure if they would consider that "significant hardship or disadvantage" but I've never seen any posts related to asking for the residency requirement to be waived so don't know.
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