Confused about Eligibility for Citizenship

[Yelverton]

Just looking for a bit of help about when we can apply for citizenship.

Our PR was granted on 15th Feb 2010 and we came to Aus for 2 weeks in June 2010 to validate our visas. We then went back to the UK for a few years and finally moved here arriving on 27th June 2015 (having renewed our RRV before arriving).

As I understand it, to apply for citizenship, we need to have had a minimum of 4 years PR with not more than one year of that out of Australia. So can I apply in June this year (if I count our first year as being out of Australia followed by 3 years in the country) or do I have to wait until June 2019?

Thanks for your help

[paulhand]

24 minutes ago, Yelverton said:

So can I apply in June this year (if I count our first year as being out of Australia followed by 3 years in the country) or do I have to wait until June 2019?

Yes you can

Edited May 14, 2018 by paulhand

[wrussell]

 22    General residence requirement 

(1)  Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:

(a)  the person was present in Australia for the period of 4 years immediately before the day the person made the application; and

(b)  the person was not present in Australia as an unlawful non-citizen at any time during that 4 year period; and

(c)  the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.

 

Overseas absences 

(1A)  If:

(a)  the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and

(b)  the total period of the absence or absences was not more than 12 months;

then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.

(1B)  If:

(a)  the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and

(b)  the total period of the absence or absences was not more than 90 days; and

(c)  the person was a permanent resident during each period of absence;

then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.

[Yelverton]

So as the law stands at the moment, we need to wait until June 2019 to apply for citizenship but if the new legislation is passed and the new requirements come into place, I can apply from 1st July 2018

"applicants for Australian citizenship will need to have a minimum of four years permanent residence immediately prior to their application for citizenship with no more than one year spent outside Australia during that period"

As we will have had PR since Feb 2010 so our 4 years period could have started from June 2014-June 2015 (1 year outside Australia) and then June 2015-June 2018 (3 years resident in Australia)

Is that correct?

[NickyNook]

1 hour ago, Yelverton said:

So as the law stands at the moment, we need to wait until June 2019 to apply for citizenship but if the new legislation is passed and the new requirements come into place, I can apply from 1st July 2018

"applicants for Australian citizenship will need to have a minimum of four years permanent residence immediately prior to their application for citizenship with no more than one year spent outside Australia during that period"

As we will have had PR since Feb 2010 so our 4 years period could have started from June 2014-June 2015 (1 year outside Australia) and then June 2015-June 2018 (3 years resident in Australia)

Is that correct?

Not completely. As has been stated above you can currently apply for citizenship in June 2018. You correctly state that your year's absence from June 2014 to June 2015 can be counted as if you were present in Australia. 

Even if the law changes it won't make any difference to the date you can apply. You can still apply in June 2018.

Not sure why you think the law change would make any difference to you. The law change basically will require people to have lived here for 4 years on a PR visa - instead of the current requirement which is 4 years residency with at least one year on a PR visa. You've got the 4 years on a PR visa already so it won't make one bit of difference to you. 

[rammygirl]

As above June 18. But if you have been overseas in the last three years add that time on.  Looking back it must be no more than a year cumulatively outside Australia in the last 4 years.

[Yelverton]

Thanks for your help everyone. That's great news as I thought we had to wait until next year.

So do I put the date we entered Aus for our visa validation as our Lawful Residence Date and just put June 2010 - June 2015 as an absence?

[paulhand]

11 hours ago, NickyNook said:

Not sure why you think the law change would make any difference to you. The law change basically will require people to have lived here for 4 years on a PR visa - instead of the current requirement which is 4 years residency with at least one year on a PR visa. You've got the 4 years on a PR visa already so it won't make one bit of difference to you. 

This is true, provided that the RRV mentioned by the OP was granted before the travel period on their original permanent visa expired. If there was a period between the expiry and the granting of the RRV, and they were offshore, that will reset their PR date under the proposed changes.  

[Yelverton]

The original 5 year RRV ran out in Feb 2015 and we were granted a new 1 year RRV  in Jan 2015 as we were able to prove sufficient ties to Australia. Obviously are now back onto 5 year RRVs as we have been living here for 3 years

[guptsur]

Hi Yelverton,

Can you provide us update on your situation ? I am in a similar situation as you.

Were you able to apply in June 2018 or if you had to wait till June 2019.

Thanks mate.

[Yelverton]

Sure - we applied in Sept 2018, had interviews and tests in May 2019, citizenship approved 30th August 2019 and had ceremony 15th Oct 2019

Too easy

[guptsur]

Thanks a lot for your reply Yelverton. Gives me a lot of hope.

I too am counting on my 12 month overseas being in the first year and then 3 years straight as being in the country, so hopefully will be able to apply citizenship in few weeks time. 

[path2aus]

This post really helped us. Our situation is same as the OP. We got our PR's on 1 Feb 2012. Travelled to Australia for a holiday on 1st September 2012 for a week. Moved permanently in January of 2017 before our 5 year travel facility expired. Now have been living here for almost 3 years straight. Was thinking that I will have to wait till 2021 :). Now will apply in 2020.

The only question I have though is I got my RRV earlier this year but have never left Australia over the last 3 years. Will this matter? I will be leaving the country for a month this December for a vacation and will be back in January. I am planning to apply for the Citizenship around March or April of 2020.Is that timeline okay?

Edited November 4, 2019 by path2aus

[paulhand]

7 hours ago, path2aus said:

This post really helped us. Our situation is same as the OP. We got our PR's on 1 Feb 2012. Travelled to Australia for a holiday on 1st September 2012 for a week. Moved permanently in January of 2017 before our 5 year travel facility expired. Now have been living here for almost 3 years straight. Was thinking that I will have to wait till 2021 :). Now will apply in 2020.

The only question I have though is I got my RRV earlier this year but have never left Australia over the last 3 years. Will this matter? I will be leaving the country for a month this December for a vacation and will be back in January. I am planning to apply for the Citizenship around March or April of 2020.Is that timeline okay?

As long as you meet the necessary residence requirement the RRV is not an issue.

[path2aus]

15 hours ago, paulhand said:

As long as you meet the necessary residence requirement the RRV is not an issue.

Thanks very much Paul.

[Ivan1]

On 06/11/2019 at 08:08, path2aus said:

Thanks very much Paul.

Hey path2aus, I have the same situation like yours and I am intending to apply in few months.

I am keen to know if you were successful. Are you applying by yourself or using a migration Agent and are you able to progress after step  6/34  in the citizenship application on Immi ?

 

Thank you!

[Marisawright]

20 minutes ago, Ivan1 said:

Hey path2aus, I have the same situation like yours and I am intending to apply in few months.

I am keen to know if you were successful. Are you applying by yourself or using a migration Agent and are you able to progress after step  6/34  in the citizenship application on Immi ?

You do not need a migration agent to apply for citizenship.  

[Geebs1963]

Hi All,

My question is related to this topic so, hopefully, someone can help! 

I was awarded permanent residency (186 visa) on 18/12/13 but waited until December 2018 to apply for Citizenship. I renewed my residency visa for another 5 years as I frequently travel internationally for business (I sell catalysts to oil refineries all over the world) which is one of the reasons I waited so long to apply for citizenship (my wife and daughter became citizens in July 2016) as I needed, I thought, be present within Australia for a total of 4 years (which due to travel took me best part of 7 years to achieve)

I have, finally,  received an "request for more information" from the Citizenship Officer in Brisbane (where i live) but it doesn't look like good news as it is clear I spent 422 days overseas during the 4 year period up to applying for citizenship which appears to fail the residency rules! Now, CoVid19 dependent, that situation isn't going to change much in the future with, if anything, more travelling likely once international travel is allowed again!

The email suggests I might be able to apply for a "variation to the residence requirement" but this only seems to cover sea/airline captains, Australian sports teams and some academics non of which I am??

I have committed myself to this country (own a home, have a super account, pay my taxes etc) and wanted to become a citizen like my family but it seems Australia doesn't want me because my job takes me in and out of the country frequently? Surely in this day and age the powers that be must appreciate there are people out there like me who travel overseas as part of their job?

Any help appreciated!

Cheers

Gary

 

[paulhand]

On 24/04/2020 at 01:44, Marisawright said:

You do not need a migration agent to apply for citizenship.  

... until it gets complicated 

[Raul Senise]

13 hours ago, paulhand said:

... until it gets complicated 

It desn't even need to be complicted these days. Have had a number of previous visa clients come back asking for assistance for problemes encontered with DIY Citizenships.

[path2aus]

On 24/04/2020 at 09:53, Ivan1 said:

Hey path2aus, I have the same situation like yours and I am intending to apply in few months.

I am keen to know if you were successful. Are you applying by yourself or using a migration Agent and are you able to progress after step  6/34  in the citizenship application on Immi ?

 

Thank you!

I am doing it by myself. I am still getting my documents in order and might submit the application finally sometime in May.

[wrussell]

From 1993:

Sixty  or  so  foreigners  are  about  to  swear  or  affirm

allegiance to Her Majesty Elizabeth II, Queen of Australia.

‘Rather than create a fuss by remaining seated during

the national anthem and the flag waving, I'll wait outside for

you, unless you want me to stay.’

‘I'll cope.’

 

‘You should have stayed. Talk about laugh.’

‘What happened?’

‘The Filipinas had their names changed.’

‘We knew that was on. Did you get your citizenship

certificate?’

‘Too  right  I  did.  It  was  enormously  amusing.  Our

member of parliament was there with the dignitaries, sound

asleep on the stage.’

‘He was asleep before I left.’

‘When they called my name he was wide awake in a

flash. He nearly fell off his chair.’

‘He must have been only half asleep.’

‘Well  citizen,  let's  go  home  and  tell  the  boys  the

good news, and knock off the bottle of fizzy.’

‘My turn now.’

‘What do you have in mind?’

‘I'm going to write to Bogus and tell him if he wants

to  run  a  Secret  Society,  he  ought  to  go  back  where  he

belongs.’

‘Typical Australian.’