What date starts the four years of PR for Citizenship Requirement

[SJT3262]

Hello,

I am after some advice, and I will try calling DIAC tomorrow, even though I am sure they will be very very busy were more urgent calls.

After having a few discussions with friends who are in a similar position to me, we come to the conclusion there are two options, but none of us are 100% sure which one is right and it could affect our citizenship applications.

We got our PR visa in January 2012, activated our PR visa in October 2012 on a two week holiday, but then went back to the UK until 16 July 2013, when we moved to Australia permanently.  Other than that time, my husband and I have only left Aus for a 4 day trip to Bali.

I had always presumed our date of entry was July 2013 as that is when we moved here to live.  So the date I could apply for Citizenship was 16 July 2017.  After having discussions the other day, quite a few people said that no it was the date we first entered Australia on our PR visa which would have been 27th Oct 2012.

It does not make a whole lot of difference to my husband and I as we can just apply in July like we had always planned too, but my 18 year old son who is doing a uni gap course at the moment, wants to start full time uni in Feb 2018, and unless he is a citizen then, will have to pay the year's fees up front at $22k, where as if he is a citizen, he can get a HECS loan.

Is there anyone on here with actual knowledge of what date is correct, I do not want to apply for his citizenship, get it refused because we have applied too early, which then means by the time we get that decision, it could be too late and we will not have enough time to get citizenship before he needs it.

 

Also, my middle son turns 16 at the end of May, so if we could apply now should we still put him on one of his parent's application or wait until he turns 16, does anyone else have experience of this and what is the best way forward.

 

Looking forward to hearing your responses.

SJT

[NickyNook]

You were eligible in October 2016. At that date you had held a validated PR visa for 4 years. 

Don't forget you are allowed up to a year's absence from Australia within those 4 years. The time you spent back in the UK from October 2012 to July 2013 (9 months) is less than a year so can be included in the 4 year eligibility period.

 

[NicF]

As a PR visa holder, assuming he is doing a commonwealth approved course, your son will only have to pay domestic fees which are a maximum of just under $11k at the moment, and he would only have to pay the semester up front not the whole year.  Obviously getting citizenship and having eligibility for HECS is still preferable though.

[S.md]

https://www.change.org/p/department-of-immigration-and-malcolm-turnbull-needs-to-reconsider-his-latest-changes-to-citizenship-eligibility?recruiter=10554078&utm_source=share_petition&utm_medium=facebook&utm_campaign=share_page&utm_term=mob-xs-no_src-no_msg

[elderberry]

On 23/04/2017 at 0:24 PM, NickyNook said:

You were eligible in October 2016. At that date you had held a validated PR visa for 4 years. 

Don't forget you are allowed up to a year's absence from Australia within those 4 years. The time you spent back in the UK from October 2012 to July 2013 (9 months) is less than a year so can be included in the 4 year eligibility period.

 

100% agree with you NickyNook.

You became a PR at the moment you validated your visa in Oct 2012 and can apply Oct 2016 for all of you.