ScotsGirl Posted February 16, 2017 Share Posted February 16, 2017 Hello, Just needing some advice regarding my citizenship application and what evidence to include. Timeline: First arrived in Australia 22/10/12 - spent 355 days outside of Australia between then and the 22/02/16, which was when I got approved for PR, I have then spent a further 55 days in that PR year outside Australia, taking me 1.5months over the requirement. I have spoke to a lawyer and he has said that because the time that has taken me over the eligibility was during my PR year that I would be able to apply for ministerial discretion as I travelled with my Australian partner on every occasion spent overseas, I now have a home here and have paid taxes for the past 4 years. Has anyone had to write a letter asking for the ministerial discretion in the past and what sort of evidence should I be showing? I have been told that if I don't apply with ministerial discretion I have to wait until January 2018, however, I have to go home for 2 weeks in July due to family circumstances, so i feel I will never meet the requirement if I am unable to travel for such a long period of time. Many thanks in advance Natalie Quote Link to comment Share on other sites More sharing options...
northshorepom Posted February 16, 2017 Share Posted February 16, 2017 Is there any particular urgency for applying? I'd probably just wear it. But then I've been eligible for about 16 months now and haven't bothered yet. I'll get it done this year but don't feel any hurry I guess if you want to study and take out a loan, or work in a sensitive/security clearance type job it might be more urgent Quote Link to comment Share on other sites More sharing options...
ScotsGirl Posted February 16, 2017 Author Share Posted February 16, 2017 hey, I am currently on the RSMS 187 visa and have worked for over 1 year now, I am not overly happy in the job. It is not going anywhere and I have the opportunity to study and apply for other jobs within the same region as I have bought a house here with my Australian partner. So I guess having citizenship will just make everything that bit easier... Quote Link to comment Share on other sites More sharing options...
rammygirl Posted February 16, 2017 Share Posted February 16, 2017 Any extra holiday will simply be added to the end. We are similar and have used the year out at the beginning of the four years as we were back in UK. Arrived in January 2014 but can't apply for citizenship until June this year as we have had several holidays since arriving. Each holiday simply adds time to the end it doesn't re set the clock. I don't think that using ministerial discretion simply because you have been on holidays will work. If your Oh had been posted overseas that would be different. Quote Link to comment Share on other sites More sharing options...
ScotsGirl Posted February 16, 2017 Author Share Posted February 16, 2017 Yeh I thought that would be the case but they don't just seem to add them on at the end, apparently I would need to wait until Jan 18 with no travel before applying again. Not sure how they work it out... tbh. The lawyer told me to read the Act, and as long as I have evidence to show the list that is on there then I shouldn't have any problems, but then I look online and everyone else says something different. My longest time away, that has caused the problem, was 10months in one go which was from 2014 - 2015, I think I need to wait until 2018 as that is when I will make some of that time back as they only count the 4 years immediately before, even though I arrived in Australia over four years ago. I thought because I was 4 months over the 4 years, that the 1.5months that I spent out of the country longer than I should have would've been covered by now but obviously it is not as easy as that... Quote Link to comment Share on other sites More sharing options...
Nemesis Posted February 16, 2017 Share Posted February 16, 2017 Ministerial Discretion is designed for people who are posted abroad for ozzie companies or government jobs, and thus have no real option but to be out of the country, not for people who take extra holidays! Quote Link to comment Share on other sites More sharing options...
ScotsGirl Posted February 16, 2017 Author Share Posted February 16, 2017 Yeh that's what I thought but not what the lawyer said, hence why I am on here, as in the Act it does not state any specific reasons as to why you were outside the country, just as long as you can prove certain things! So I was just hoping to see if anyone had been in a similar situation... Quote Link to comment Share on other sites More sharing options...
rammygirl Posted February 16, 2017 Share Posted February 16, 2017 (edited) they do add it on! simply take the last 4 years. you are allowed 365 days out in that time but more more than 90 in the last year. PR is required for the year before. So an example would be arrive as a visitor 1 Jan 2013 leave 21 Jan 2013 Arrive as temp visa holder 1 feb 2014 get PR 1st Feb 2016 In this example you would be eligible for citizenship on the 2nd feb 2017 as the year out is counted before 1st feb 2014 so if you do not leave Australia you need three years to qualify. If you do leave then simply add on the time out, say 55 days so citizenship is 2nd feb 2017 plus 55 days. So at that point looking back you will have spent no more than 365 days out in the last 4 years since first entry. Have you put the dates in the citizenship calculator to check. It will tell you the date. Edited February 16, 2017 by rammygirl Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.