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chris63863

Can she get the citizenship?

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My grandmother became a permanent resident in late 2017.I was wondering if someone could give me some guidance here about her situation.
Timeline:

  • She arrived in Australia for the first time in late 2014 and she and her husband got married.
  • They both came to Greece in mid 2015 for a few months.
  • Late 2015 they went back to Australia.
  • My grandma came back to Greece in early 2017.Her husband followed a few months later.
  • Her husband left to go back to Australia in early 2018 whereas my grandma has stayed in Greece since then.

She told me she might go back to Australia in 2019 and was wondering about the citizenship.I looked it up online and it says that you should have lived in Australia for the last 4 years and that you shouldn't have been away for more than a year.But then again in the "Ministerial discretions" it says :

Quote

5.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.
6.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.

 

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Is her husband an Australian citizen?


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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9 hours ago, Marisawright said:

Is her husband an Australian citizen?

Yes he is an Australian citizen.

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I would say No she would be refused citizenship based on what you have posted. 

She would barely meet the 4 year rule as it is, and spending over a year away potentially more, would be a refusal by the case officer. As you have posted, if she has continued to have significant ties to Australia (Not Australians, but Australia) then periods of time absent could be treated as bein in Australia. 

Owning own home, paying australian bills, Tax, having a job to come back to, Owning a business, Young children attending school etc etc. 

Seems like the case officers are pretty clear cut on this and want 4 years of continued residence and only when it comes to the AAT appeal these ties to Australia come into play. That being said, when time does come round, it may be best to speak to one of the Agents who post on this forum for some solid and professional advice. 

 

 

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3 hours ago, Samson said:

I would say No she would be refused citizenship based on what you have posted. 

She would barely meet the 4 year rule as it is, and spending over a year away potentially more, would be a refusal by the case officer. As you have posted, if she has continued to have significant ties to Australia (Not Australians, but Australia) then periods of time absent could be treated as bein in Australia. 

Owning own home, paying australian bills, Tax, having a job to come back to, Owning a business, Young children attending school etc etc. 

Seems like the case officers are pretty clear cut on this and want 4 years of continued residence and only when it comes to the AAT appeal these ties to Australia come into play. That being said, when time does come round, it may be best to speak to one of the Agents who post on this forum for some solid and professional advice. 

 

 

Thanks for your input.

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