Leaving country AFTER applying for citizenship

[penpontman]

Hello, I have permanent residency in Australia on subclass 100 visa. For family reasons (imminent grandchildren, two at once!) I will have to spend extended periods out of the country for the next few years. I was planning to apply for citizenship from late June this year - I'm going to UK in April then was going to return in June to start the ball rolling. But with processing times currently running at anything up to 14 months, I have to think about reverting to whatever travel arrangements I can make under permanent residency and resident return visas.

But before I finally make up my mind I have one very specific question around citizenship that I can't find an answer to: if I apply in June and the process takes a year, how often and for how long can I leave the country while my application is making its way through the system? Am I still bound by subclass 100 rules, or are there different rules?

Any advice gratefully received!

[penpontman]

I see the very same question has been asked and answered below, so assuming the answer was correct I won't trouble you any longer!

 

[ZHM]

Hello, I agree to a point where  PR won't be cancelled until the visa got renewed before or after the expiry but my worry is if I travel after the lodging the application will that affect in getting the test date with in the due period or the test date has to be given if the applicant is physically available in Australia only ? 

[jadee]

Hi everyone, just wanted to bump this up as I am interested in this post! Cheers

[jadee]

Hi everyone did anyone manage to find an answer to this? Cheers

[fanta112]

One of the eligibility criteria from the Citizenship Act is (quote from the Act):

Quote

"A person is eligible to become an Australian citizen if the Minister is satisfied that the person is likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved"

Short trips overseas are perfectly fine. But extended travels may trigger scrutiny into your intention to reside, or ties in Australia. This happens much more often now as processing time has rocketed from several months to now 16-21 months. When you get a request from your case officer to provide evidence in this aspect, and you have been away for a long time, it could be difficult to deal with. So my advice is, consider all the pros/cons and then make a wise choice. If you do decide to leave, make sure you will have enough evidence to prove your intention/ties when requested

Here is the relavent guideline for case officers from department's Citizenship Policy. I attached the document below, you can read it for yourself (chapter 7)

Quote

Intention to reside should be investigated further in situations where: 

 the applicant has spent significant periods outside of Australia since becoming a permanent resident or 

 has requested a citizenship test or citizenship ceremony be conducted overseas. 

If a person indicates that they intend to leave Australia or remain overseas for an indeterminate period, officers must consider whether they have a close and continuing relationship with Australia. Officers should note that the applicant must meet either likely to reside, or continue to reside, in Australia OR maintain a close and continuing association with Australia, not both, to meet requirements of this provision. 

Factors that may contribute to a close and continuing association with Australia include: 

 Australian citizen spouse or de facto partner 

 Australian citizen children 

 length of relationship with Australian citizen spouse or de facto partner 

 extended family in Australia 

 return visits to Australia 

 periods of residence in Australia 

 intention to reside in Australia 

 employment in Australia (for example, public or private sector) 

 ownership of property in Australia and 

 evidence of income tax payment in Australia. 

 

Also, you can read the cases appealed to AAT that were refused based on this ground: https://www.austlii.edu.au/databases.html (just search for key words like "Citizenship application", "likely to reside" etc.) 

Citizenship Policy - 1-6-16 (1).pdf

Edited April 10, 2019 by fanta112

[jadee]

Thank you that's very helpful!