Counting days in/out of Australia

[Ian and Lesley]

Eligibility requirements for citizenship require not exceeding one year out of Australia in the last four years and no more than 90 days in the last year.

Question is how do you classify the day of departing Australia and the return date. On each day one was in Australia but it could be could be argued one was also out of Australia.

I know the Australian Tax Office counts any day on which you were (partially) present in country as being in country: this is not surprising as it works in ATO's favour. But I can find nothing on the Immigration website and the person I spoke to on the Helpline did not know and was unable to find out. They could only refer me to the on-line calculator but this does not help me.

I am planning certain travels and don't want to bust my "allowance" for the sake of a misinterpretation.

Any help welcomed. I know my fallback is to consider worst case scenario but I would rather know an be able to make use of the additional time.

Thanks in advance.

 

 

[paulhand]

It’s the same as the ATO, using Canberra time, but I would never cut it so fine that it matters. 

 

 

[Ian and Lesley]

Appreciate that Paul and it makes sense to have a consistent standard. I hear you about not cutting it too fine which is exactly why I need to understand the rule. We have done a lot of travel in the last four years and my wife a little more. She will be OK on the "ATO interpretation" but not on any other (i.e. one or both of entry or departure date counting as a day out of country).

Do you happen to be able to point me to any official reference that confirms this? I checked the Australian Citizenship Act and there is nothing in there. So I guess its more of a generic definition.

Thanks again.

[paulhand]

10 hours ago, Ian and Lesley said:

Appreciate that Paul and it makes sense to have a consistent standard. I hear you about not cutting it too fine which is exactly why I need to understand the rule. We have done a lot of travel in the last four years and my wife a little more. She will be OK on the "ATO interpretation" but not on any other (i.e. one or both of entry or departure date counting as a day out of country).

Do you happen to be able to point me to any official reference that confirms this? I checked the Australian Citizenship Act and there is nothing in there. So I guess its more of a generic definition.

Thanks again.

It is no longer published policy. I would run your dates through the citizenship calculator to see (and if you are worried, you can request a movement report from the Department).