Beffers

Changes to pathway to Citizenship

651 posts in this topic

Just now, dunc said:

So is it a given that it will get passed? If it doesn't get passed then nothing changes which is why it does matter. 

 

Its pretty likely its going to get passed. Could be worse I'm 2 years in country, 6 months off PR so you will be ahead of me at least.

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Just now, Danny842003 said:

 

when its passed doesn't matter your going to have to wait nearly 4 years. They've said it will be backdated. Thats why it doesn't matter. 

Well one thing that I do noticed with immigration changes in policy is that it dsnt usually affect those who are already the boat. I can still forseeable if you have already be granted PR as of today the old policy will still be applicable, i.e Temporary stay will be counted towards your citizenship and the 12 months waiting time. Just my thoughts am not am not sure

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9 minutes ago, Stevwtosh said:

But I can for see if you currently on PR you will still be able to apply under the old policy of 12 months waiting time, just a thought am sure. 

This would be the ideal scenario. Have you seen anything to indicate this will happen, or is it just your personal opinion ?

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1 minute ago, n1ck said:

This would be the ideal scenario. Have you seen anything to indicate this will happen, or is it just your personal opinion ?

It's just my personal opinion, it would be unfair for someone with just 2 weeks or even couple of months away to apply under the old policy and now have to wait for maybe years before eligibility. Normally this is how it should work, but it's Immigration decision to donit that way. But ideally it's how it should be.

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3 minutes ago, Danny842003 said:

 

Its pretty likely its going to get passed. Could be worse I'm 2 years in country, 6 months off PR so you will be ahead of me at least.

Feel for you mate, we've just done the long frustrating wait for PR. Hopefully they'll have decreased the processing times when you come round to apply.

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Its very confusing! i have been on permanent residency since November 2014. Can I apply now? I.e if i lodge my application now, will it just be held until the immigration law is passed?

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4 minutes ago, n1ck said:

This would be the ideal scenario. Have you seen anything to indicate this will happen, or is it just your personal opinion ?

I agree, this would be an ideal scenario!

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I applied for Citizenship in Feb but wouldnt be eligible under the new thing until 2019

 

Fingers crossed it is only for new applications!!

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1 hour ago, KidA said:

I'm worried that you might be right.  It seems very unfair to retroactively void an application which was submitted when the applicant met all criteria. 

However, it's not the first time migration (refugee) policy has been retroactively changed.

I doubt they would do that but you're right, it wouldn't be the first time they try to be seen as tough on immigration. Have you rung DIBP and got any clarification?  Might be prudent to get your application in as soon as possible. 

 

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Posted (edited)

 

2 hours ago, path2aus said:

The only confusing thing about the requirement is that skilled migrants already have to prove their English skills while applying for permanent residency. Why should they take English test again for citizenship? The comment that Migrants should learn English does not make sense as people who migrate through skilled visas, get their PR only because they at least have functional English. Don't understand that part.

Secondary applicants... I wouldn't be surprised if there is exemption for passport holders of english speaking countries and main applicants for example. (We will see).

3 hours ago, Parley said:

Any applicant for Australian citizenship from TODAY must have been resident in Australia for 4 years with no more than 12 months out of Australia during that time.

This hasn't been confirmed yet. They still need to pass the law first. 

1 hour ago, Parley said:

It doesn't really matter. As the effective date once it is passed will be from today.

 

It is a bit like Budget night announcements where the effective date is from announcement date even though legislation will be passed later.

They haven't always done that in the past. Let's wait and avoid any unnecessary speculation.

Edited by PierreC
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Where does it say it will be back dated guys? i just cant see it for looking? 

 

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We moved here in December last year on the 189 permanent residency visa,will any of these new law changes effect us?

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48 minutes ago, robfromdublin said:

I doubt they would do that but you're right, it wouldn't be the first time they try to be seen as tough on immigration. Have you rung DIBP and got any clarification?  Might be prudent to get your application in as soon as possible. 

 

I am going to try to get in in tomorrow.  If I can arrange to get my Identity declaration form countersigned by then. 

I haven't contacted the Department.  My experience with them is that they give inconsistent advice.  It depends on who you speak to.

Also, the legislation still has to be debated, go through Senate etc.  I don't think anyone knows what form it will take. 

'From today' doesn't necessarily (and shouldn't) include those who have lodged citizenship applications, or even those who have already been granted PR.  I will get my application in ASAP and hope for the best. 

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12 minutes ago, KidA said:

I am going to try to get in in tomorrow.  If I can arrange to get my Identity declaration form countersigned by then. 

I haven't contacted the Department.  My experience with them is that they give inconsistent advice.  It depends on who you speak to.

Also, the legislation still has to be debated, go through Senate etc.  I don't think anyone knows what form it will take. 

'From today' doesn't necessarily (and shouldn't) include those who have lodged citizenship applications, or even those who have already been granted PR.  I will get my application in ASAP and hope for the best. 

Exactly this is what am emphasising on, it's still will be debated on those who are already on the old pathway, I can't imagine someone who is left with days to be qualified on the old pathway and now have to wait for years.

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24 minutes ago, TartanGary said:

We moved here in December last year on the 189 permanent residency visa,will any of these new law changes effect us?

This won't affect your ability to live and work in Australia, it might affect how long it will take from now on for you and your family to get your Citizenship. 

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Posted (edited)

18 minutes ago, PierreC said:

This won't affect your ability to live and work in Australia, it might affect how long it will take from now on for you and your family to get your Citizenship. 

I believe it doesn't affect the timeline for citizenship for PR visa holders - you still need 4 years of residency with less than 12 months outside Australia in that period - the same as it was before. (As in those who have been in Australia throughout as PRs)

Edited by elderberry

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WHEN ARE THE NEW CHANGES
COMING INTO EFFECT?
The Government will introduce new citizenship related legislation into the
Parliament, informed by responses to this paper, by the end of 2017.
The package of reforms will apply to applications received on or after the
Government’s announcement on 20 April 2017.

citizenship-paper.pdf

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51 minutes ago, Keep me in oz said:

Where does it say it will be back dated guys? i just cant see it for looking? 

 

"The Government will introduce new citizenship related legislation into the Parliament, informed by responses to this paper, by the end of 2017. The package of reforms will apply to applications received on or after the Government’s announcement on 20 April 2017".

See link below from IMMI website,

https://www.border.gov.au/ReportsandPublications/Documents/discussion-papers/citizenship-paper.pdf

 

 

 

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Posted (edited)

13 minutes ago, elderberry said:

I believe it doesn't affect the timeline for citizenship for PR visa holders - you still need 4 years of residency with less than 12 months outside Australia in that period - the same as it was before. 

This is incorrect.

Currently you need to have lived 4 Years (legally) in Australia including one year as a PR. 

That's a big difference. 

I have been living in Australia for 7+ years. My PR got granted recently so it means that by the time I can apply for Citizenship, I would have lived in Australia 11 years under this new law. 

Because Stevwtosh arrived on a PR directly, It won't change much for him indeed. 

 

Edited by PierreC

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6 minutes ago, briman said:
 
WHEN ARE THE NEW CHANGES
COMING INTO EFFECT?
The Government will introduce new citizenship related legislation into the
Parliament, informed by responses to this paper, by the end of 2017.
The package of reforms will apply to applications received on or after the
Government’s announcement on 20 April 2017.

citizenship-paper.pdf

Thank you for sending this ! 

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3 minutes ago, PierreC said:

This is incorrect. 

Currently you need to have lived 4 Years (legally) in Australia including one year as a PR. 

That's a big difference. 

I have been living in Australia for 7+ years. My PR got granted recently so it means that by the time I can apply for Citizenship, I would have lived in Australia 11 years under this new law. 

 

Pierre, I'm sorry but you are incorrect. 

The original poster said that they 'moved here in December last year on the 189 permanent residency visa' so they have started their time in Australia as a Permanent resident. As I made clear if you have been here throughout as a PR i.e. Didn't start your time here on a temporary visa, then these changes have no affect on the timing for citizenship - it is as it was before 4 years of PR with less then 12 months outside Australia during that period. 

I wasn't talking about those arriving on 457's etc, where absolutely this changes everything.

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Posted (edited)

It appears black & white but this affects me.

Currently due for citizenship eligibility in Feb 2018 (10 months). This change means it'll be 4 years since PR - which was granted in Jan 2016. So I have 2y and 9 months to wait - Feb 2020.

Really p1ssed at this. I know others will be affected in ways differently but I can only talk about my situation. Married to an Aussie and have a son together, this affects them too, Aussie citizens. 

Edited by politedave82

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Posted (edited)

1 minute ago, elderberry said:

Pierre, I'm sorry but you are incorrect. 

The original poster said that they 'moved here in December last year on the 189 permanent residency visa' so they have started their time in Australia as a Permanent resident. As I made clear if you have been here throughout as a PR i.e. Didn't start your time here on a temporary visa, then these changes have no affect on the timing for citizenship - it is as it was before 4 years of PR with less then 12 months outside Australia during that period. 

I wasn't talking about those arriving on 457's etc, where absolutely this changes everything.

I have edited my post before your reply. 

For Stevwtosh It won't make any difference, that's true. Still pretty different though. 

Edited by PierreC

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It's pretty frustrating as so many people have been planning this for 4 years+ already.... really really disappointing.

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What I would like to know is if you are currently eligible for Citizenship now under the current law, what happens to your application if the changes are approved? Do we get our money back?

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