Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Yelverton

Confused about Eligibility for Citizenship

Recommended Posts

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

Share this post


Link to post
Share on other sites
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 by paulhand

____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

Share this post


Link to post
Share on other sites

 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.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites
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. 

Share this post


Link to post
Share on other sites

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.


So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites
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.  


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

  • Like 2

Share this post


Link to post
Share on other sites

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. 

  • Like 1

Share this post


Link to post
Share on other sites

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 by path2aus
  • Like 1

IELTS 07/22 R 7.5 W 8.5 S 8.0 L 8.5 O 8.0| Positive Assessment on 10/12 | SA SS Online 10/19 | SA Docs Recvd. 11/02 | SA SS Approved 11/18 | 176 lodged 11/30 | PCC and Medicals requested 12/05 | Meds Finalzed 09/01 | PCC met 31/01 | Visa Granted 02/01

My Blog

Share this post


Link to post
Share on other sites
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.

  • Like 1

____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

Share this post


Link to post
Share on other sites
15 hours ago, paulhand said:

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

Thanks very much Paul.


IELTS 07/22 R 7.5 W 8.5 S 8.0 L 8.5 O 8.0| Positive Assessment on 10/12 | SA SS Online 10/19 | SA Docs Recvd. 11/02 | SA SS Approved 11/18 | 176 lodged 11/30 | PCC and Medicals requested 12/05 | Meds Finalzed 09/01 | PCC met 31/01 | Visa Granted 02/01

My Blog

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×