Jump to content

Citizenship Question


Aussie Hopeful

Recommended Posts

Hi all,

Been scouring online and can't find an answer to this query, but heard it from a couple of sources and wondered if anyone can shed any light.

 

To give some context. We moved to Oz on a perm residency visa in 2012. We moved back to the UK in Aug 2014 and then came back in Jan 2016. In terms of applying for citizenship, this means that we would have to wait until 2019 before being eligible to apply for citizenship due to our time out of Oz.

 

However, before we left, we had our daughter and as a consequence, she is an Australian citizen. We had heard that because she is a citizen, we were eligible to apply for citizenship sooner. Does anyone know if there is any truth in this or if it is just a load of rubbish?

 

Thanks

 

Aussie Hopeful

 

 

Sent from my iPhone using PomsinOz

Link to comment
Share on other sites

11 minutes ago, Aussie Hopeful said:

 

Hi all,

Been scouring online and can't find an answer to this query, but heard it from a couple of sources and wondered if anyone can shed any light.

 

To give some context. We moved to Oz on a perm residency visa in 2012. We moved back to the UK in Aug 2014 and then came back in Jan 2016. In terms of applying for citizenship, this means that we would have to wait until 2019 before being eligible to apply for citizenship due to our time out of Oz.

 

However, before we left, we had our daughter and as a consequence, she is an Australian citizen. We had heard that because she is a citizen, we were eligible to apply for citizenship sooner. Does anyone know if there is any truth in this or if it is just a load of rubbish?

 

Thanks

 

Aussie Hopeful

 

 

Sent from my iPhone using PomsinOz

 

Its rubbish. You have to wait the allotted time and then apply. 

Link to comment
Share on other sites

https://www.border.gov.au/Trav/Citi/Appl/What-documents-do-you-need/variation-to-the-residence-requirement

 

  1. If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
  2. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
Link to comment
Share on other sites

1 hour ago, bingo619 said:

https://www.border.gov.au/Trav/Citi/Appl/What-documents-do-you-need/variation-to-the-residence-requirement

 

  1. If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
  2. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.

Not sure how relevant any of that is, considering one's child cannot be your spouse or partner or someone you can be in an interdependent relationship with. 

Link to comment
Share on other sites

Not sure how relevant any of that is, considering one's child cannot be your spouse or partner or someone you can be in an interdependent relationship with. 

Thanks for this, it is really useful. Just checking with Border people but looks as though we can ask for special consideration in order to apply


Sent from my iPhone using PomsinOz
Link to comment
Share on other sites

53 minutes ago, Aussie Hopeful said:


Thanks for this, it is really useful. Just checking with Border people but looks as though we can ask for special consideration in order to apply


Sent from my iPhone using PomsinOz

On what grounds? Seriously, if its now possible to get citizenship just because you have an ozzie child, there will be a lot of people interested in following in your footsteps, so please post the details!

Link to comment
Share on other sites

1 hour ago, Aussie Hopeful said:


Thanks for this, it is really useful. Just checking with Border people but looks as though we can ask for special consideration in order to apply


Sent from my iPhone using PomsinOz

I really wouldnt think so,  we came over as PR, our daughter was born 7 weeks after we arrived in Australia,  making her a citizen but we still had to wait the four years!

Edited by AJ
Link to comment
Share on other sites

I really wouldnt think so,  we came over as PR, our daughter was born 7 weeks after we arrived in Australia,  making her a citizen but we still had to wait the four years!

Our situation is slightly different. We have been here for 5 years, but had a 15 month stint in the middle of that back in the uk. The guidelines suggest that because our daughter was a citizen during that period, we can ask for that 15 months to be considered as being resident in Australia instead of our 4 years being reset to when we came back.


Sent from my iPhone using PomsinOz
Link to comment
Share on other sites

1 hour ago, Aussie Hopeful said:


Our situation is slightly different. We have been here for 5 years, but had a 15 month stint in the middle of that back in the uk. The guidelines suggest that because our daughter was a citizen during that period, we can ask for that 15 months to be considered as being resident in Australia instead of our 4 years being reset to when we came back.


Sent from my iPhone using PomsinOz

As AJ says, I'd be surprised. but if it succeeds make sure you broadcast the fact so everyone else can claim too. There are many people who've had an ozzie citizen child and have travelled back and forth, or even remained in the country, but I've never yet found one who got exempted from the residence rules. Still I guess you could be the first......Can't find anything written to support it either, not for children, only for partenrs. 

Link to comment
Share on other sites

6 hours ago, Aussie Hopeful said:


Our situation is slightly different. We have been here for 5 years, but had a 15 month stint in the middle of that back in the uk. The guidelines suggest that because our daughter was a citizen during that period, we can ask for that 15 months to be considered as being resident in Australia instead of our 4 years being reset to when we came back.


Sent from my iPhone using PomsinOz

I would think then that its got nothing to do with your daughter being a citizen, you already have 3 years 9 months excluding the time you were back in the UK, the clock doesnt reset right back to 4 years.  I spent 8 months out and all they did was add the extra time on to the 4 years 

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...