minisb23 Posted July 27, 2019 Share Posted July 27, 2019 I need some help when I should lodging my citizenship application, since there lot of confusion using the online calculator. Here are my entry dates and absence dates: Lawful residency: 19/04/2010 Permanent residency: 17/03/2010 From the online residency calculator, tells me that I am already eligible. However, based on the rules and legislation, I think the calculator may not be accurate with calculating the eligibility since it does not take into consideration the absence from the country for more than 1 years (in the last 4 years). Is my understanding correct? What should be my "Intended lodgement" date? The applicant should not go out of the country for more 3 months in the 4 year, just before the citizenship application. For this I am planning on traveling for 93 days on work starting Aug 2019. Absences: 01 Apr 2010 to 07 May 2012 07 Jul 2013 to 19 Sep 2013 22 Oct 2013 to 19 Nov 2013 27 May 2014 to 25 July 2016 ==> Out of the country for 2 years (the 4 year period starts here on re-entry) 02 Sep 2016 to 01 Oct 2016 15 Nov 2016 to 30 Nov 2016 13 Sep 2017 to 02 Oct 2017 23 Apr 2018 to 31 Apr 2018 01 July 2018 to 02 Sep 2018 09 Aug 2018 to 10 Nov 2019 ==> Upcoming trip for 91 days. Safe to travel, if Iam lodging the app during Sep 2020 With the 4 year rule is the expected lodgement date Aug 1, 2020 correct, since I reentered Australia during 31 July 2016 (after living outside for 2 years). Now assuming if I lodge the application after a month later during in Sept 2020. does this impact my eligibility requirement of not staying outside the country for more than 3 months in the last 12 months? Please advise. I would like to know if it's ok to travel for 3 months and 1 day because of family and work commitments during this year. Quote Link to comment Share on other sites More sharing options...
paulhand Posted July 27, 2019 Share Posted July 27, 2019 It's beyond the scope of a forum post to do the actual calculation for you; but I can make the following general points: - Your dates do not make sense; I'm not sure how your lawful residence can have started on 19/4/2010 if you were absent from Australia on that date as you state - It's 90 days, not 3 months, out of the country in the final year - You do not need to have been physically present in Australia on the day 4 years before you lodge IF you held a permanent visa on that date, which is not clear from your post. Quote Link to comment Share on other sites More sharing options...
minisb23 Posted July 27, 2019 Author Share Posted July 27, 2019 8 hours ago, paulhand said: - Your dates do not make sense; I'm not sure how your lawful residence can have started on 19/4/2010 if you were absent from Australia on that date as you state Thanks @paulhand, "19/4/2010" was the first time I entered AU on GSM-175 which is a PR visa granted on "17/03/2010". Since I was out of the country for 2 years between 2014 to 2016, I had to reapply for RRV and reenter. Quote Link to comment Share on other sites More sharing options...
paulhand Posted July 28, 2019 Share Posted July 28, 2019 6 hours ago, minisb23 said: Thanks @paulhand, "19/4/2010" was the first time I entered AU on GSM-175 which is a PR visa granted on "17/03/2010". Since I was out of the country for 2 years between 2014 to 2016, I had to reapply for RRV and reenter. Your first post says you were absent from Australia: “01 Apr 2010 to 07 May 2012” ... ? On the RRV, the issue is when it was granted, as that informs your possible citizenship application date. Quote Link to comment Share on other sites More sharing options...
Bern Posted July 29, 2019 Share Posted July 29, 2019 I suggest you request your movement records from Immigration to make sure their record matches your records. The calculator is not to be relied on Bernadette Burns Registered Migration Agent, MARN 0744805 www.avcons.com.au bern.burns@yahoo.com.au info@avcons.com.au Quote Link to comment Share on other sites More sharing options...
t2529 Posted August 27, 2019 Share Posted August 27, 2019 On 28/07/2019 at 01:00, paulhand said: It's beyond the scope of a forum post to do the actual calculation for you; but I can make the following general points: - Your dates do not make sense; I'm not sure how your lawful residence can have started on 19/4/2010 if you were absent from Australia on that date as you state - It's 90 days, not 3 months, out of the country in the final year - You do not need to have been physically present in Australia on the day 4 years before you lodge IF you held a permanent visa on that date, which is not clear from your post. Hi Paul, I arrived in August 2017 as a former permanent resident on a 457 visa (I had been PR in 90s but this has become former PR after I left Australia). I’m now a permanent resident again (following obtaining RRV). At the moment I’m looking at applying for citizenship in 2 years but is it possible to bring this forward in line with me having been a PR prior to my current stay and not having taken much holiday this time around, or does this only apply to permanent residents? Quote Link to comment Share on other sites More sharing options...
paulhand Posted August 27, 2019 Share Posted August 27, 2019 23 minutes ago, t2529 said: Hi Paul, I arrived in August 2017 as a former permanent resident on a 457 visa (I had been PR in 90s but this has become former PR after I left Australia). I’m now a permanent resident again (following obtaining RRV). At the moment I’m looking at applying for citizenship in 2 years but is it possible to bring this forward in line with me having been a PR prior to my current stay and not having taken much holiday this time around, or does this only apply to permanent residents? No you can't bring it forward, because you would have to have been holding a PR visa whilst offshore, so based on what you posted, you will be looking at August 2021. Quote Link to comment Share on other sites More sharing options...
t2529 Posted August 27, 2019 Share Posted August 27, 2019 5 hours ago, paulhand said: No you can't bring it forward, because you would have to have been holding a PR visa whilst offshore, so based on what you posted, you will be looking at August 2021. Thank you Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 29, 2019 Share Posted August 29, 2019 18 minutes ago, amanpreetbhangoo said: Went through your writing and found out that the best you could do is consult a migration agent in Australia. Only the best one could help you in this condition. I know some of the best migration agents in Brisbane and all over Australia. let me know if you need any advice. If you had bothered to read the thread you woud see that an excellent registered agent is already posting advice. 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted August 29, 2019 Share Posted August 29, 2019 31 minutes ago, Nemesis said: If you had bothered to read the thread you woud see that an excellent registered agent is already posting advice. 50 minutes ago, amanpreetbhangoo said: Went through your writing and found out that the best you could do is consult a migration agent in Australia. Only the best one could help you in this condition. I know some of the best migration agents in Brisbane and all over Australia. let me know if you need any advice. I think he is referring to himself! 2 Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 29, 2019 Share Posted August 29, 2019 35 minutes ago, paulhand said: I think he is referring to himself! I suspect you are correct! Quote Link to comment Share on other sites More sharing options...
ali Posted August 29, 2019 Share Posted August 29, 2019 57 minutes ago, paulhand said: I think he is referring to himself! Not anymore - we've taken the precaution that these may be spam. 1 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted August 29, 2019 Share Posted August 29, 2019 13 minutes ago, ali said: Not anymore - we've taken the precaution that these may be spam. I noticed - thank you. 1 Quote Link to comment Share on other sites More sharing options...
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