New Citizenship Rules (2018)

[Pommie]

Hi All

 

We moved to Australia in January 2017 with full PR (189 visa).  The new citizenship legislation requires 4 years post PR permanent residency, however it does say you can have a maximum of 1 year outside of Australia.

So, looking for advice as to whether I am able to apply essentially 3 years after landing in Australia, using the time in the UK before we arrived as being one year out of the country.  In other words, getting citizenship after 3 years in country....

 

Any thoughts or advice ??

 

Thanks

 

Pommie

[AJ]

That is not new legislation.  For at least the last 10 years if you come over straight away on a PR visa  you need to have 4 years residency before you can apply for citizenship. You CANNOT be absent for more than a year in the four year period.

Residency requirements are

• have lived in Australia on a valid Australian visa for four years immediately before applying

• must have been a permanent resident for the 12 months immediately before making an application and not have been absent from Australia for more than one year in total, during the four year period, including no more than 90 days in the 12 months before applying.

 

Edited March 3, 2018 by AJ

[Pommie]

Thanks AJ.

I understand what you are saying.  I am sure, some time ago I saw on this forum people saying that you can use the one year (or just under 1 year) rule to begin the process after three years in Australia, rather than waiting the full four years.

 

I understand this seem's to go against the spirit of the citizenship rules, but wondered if this is total wrong or whether there is some basis to it ?

 

Pommie

[NickyNook]

2 hours ago, Pommie said:

Thanks AJ.

I understand what you are saying.  I am sure, some time ago I saw on this forum people saying that you can use the one year (or just under 1 year) rule to begin the process after three years in Australia, rather than waiting the full four years.

 

I understand this seem's to go against the spirit of the citizenship rules, but wondered if this is total wrong or whether there is some basis to it ?

 

Pommie

You’re correct. It is possible to include the first year - even though you were not in the country - as long as you held a valid visa during that period.

So, for example, people who received a visa, validated it and then returned home for a year (or even multiple years) before returning to Australia to live permanently can include the year immediately prior to their return to Australia in the citizenship count.

 

[rammygirl]

Yes you can use that year before, if you have left Australia since arriving you just add on that extra time.  The four years is the four years immediately before application, add a couple of days to be sure.  You can use the on line calculator to help.

Enjoy filling in the forms..............