Aussie Hopeful Posted July 23, 2017 Share Posted July 23, 2017 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 Quote Link to comment Share on other sites More sharing options...
NicF Posted July 23, 2017 Share Posted July 23, 2017 (edited) Not something I've ever heard. I suspect it is a load of rubbish but you can look at the citizenship requirements on the official site to absolutely sure. Edited July 23, 2017 by NicF Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 23, 2017 Share Posted July 23, 2017 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. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted July 23, 2017 Share Posted July 23, 2017 Afraid not. It is not an unusual situation. Many people on PR have children in Oz who are automatic citizens but the parents have to wait. Quote Link to comment Share on other sites More sharing options...
bingo619 Posted July 25, 2017 Share Posted July 25, 2017 https://www.border.gov.au/Trav/Citi/Appl/What-documents-do-you-need/variation-to-the-residence-requirement 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. 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. Quote Link to comment Share on other sites More sharing options...
NickyNook Posted July 25, 2017 Share Posted July 25, 2017 1 hour ago, bingo619 said: https://www.border.gov.au/Trav/Citi/Appl/What-documents-do-you-need/variation-to-the-residence-requirement 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. 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. Quote Link to comment Share on other sites More sharing options...
Stella Ravens Posted July 26, 2017 Share Posted July 26, 2017 Do you guys know how long it takes to book a citizenship test? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 26, 2017 Share Posted July 26, 2017 59 minutes ago, Stella Ravens said: Do you guys know how long it takes to book a citizenship test? At the moment no-one can answer that cos all applications are on hold pending the proposed law changes. Quote Link to comment Share on other sites More sharing options...
bingo619 Posted July 26, 2017 Share Posted July 26, 2017 Anyone knows when will the new layer be effected? Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 26, 2017 Share Posted July 26, 2017 1 hour ago, bingo619 said: Anyone knows when will the new layer be effected? If you mean the new laws, No, no-one knows. Quote Link to comment Share on other sites More sharing options...
bingo619 Posted July 26, 2017 Share Posted July 26, 2017 Thanks, it is anxious to wait. Quote Link to comment Share on other sites More sharing options...
Aussie Hopeful Posted August 1, 2017 Author Share Posted August 1, 2017 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 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 1, 2017 Share Posted August 1, 2017 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! Quote Link to comment Share on other sites More sharing options...
AJ Posted August 1, 2017 Share Posted August 1, 2017 (edited) 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 August 1, 2017 by AJ Quote Link to comment Share on other sites More sharing options...
Aussie Hopeful Posted August 1, 2017 Author Share Posted August 1, 2017 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 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 1, 2017 Share Posted August 1, 2017 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. Quote Link to comment Share on other sites More sharing options...
AJ Posted August 2, 2017 Share Posted August 2, 2017 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 Quote Link to comment Share on other sites More sharing options...
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