Hee Posted September 13, 2019 Share Posted September 13, 2019 (edited) Hello people~ I need help to understand the residence calculator on DHA website. Very confused. It says before applying for Citizenship, you must have lived in Australia lawfully for 4 years, including 1 year as a permanent resident. And you cannot have been outside Australia for 12 months total, during the past 4 years. So I did enter my dates in the calculator as seen below. Permanent Residence Date: 31/08/2019 Lawful Residence Date: 07/02/2016 Intended Lodgement Date: 11/09/2020 and the absence dates: From Date: 05 Jun 2016 To Date: 02 Feb 2017 From Date: 30 Apr 2017 To Date: 01 Aug 2017 From Date: 01 Oct 2018 To Date: 23 Dec 2018 From Date: 03 Dec 2019 To Date: 20 Jan 2020 Now the calculator says yes I can apply for Citizenship but we can clearly see that I've been out for 17 months...it doesn't make sense. Also..should I count from the first visa I got in Australia? which was in 2008. or the first visa i got 4 years before the citizenship application. Any help or clarification would be greatly appreciated! Thank you! Edited September 13, 2019 by Hee Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 13, 2019 Share Posted September 13, 2019 (edited) Looks right to me. If you take Feb 16 as first entry and count back from sept 2020 you meet the requirements of residence. Or to look at it another way add on the extra five months outside to the 4 year anniversary which gives July 2020, but you have to wait until August for the PR bit. You only need look at the last 5 years from the date of submission so by then some of those absences will no longer count, ie from June to September 2016. You will not have been resident but if you held a substantive visa it should work. We were the same. We were absent on the date 4 years prior on a provisional business visa and we have our citizenship now. I don’t think the system will let you progress if you don’t meet the residency. Edited September 13, 2019 by rammygirl Quote Link to comment Share on other sites More sharing options...
MrGrieves Posted September 14, 2019 Share Posted September 14, 2019 On 11 September 2016 (4 years before your intended lodgement date), you were not in Australia nor a permanent resident - see other posts on this forum about this condition. I think you can only apply 4 years after your return to Australia, on 2 Feb 2021. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 14, 2019 Share Posted September 14, 2019 1 hour ago, MrGrieves said: On 11 September 2016 (4 years before your intended lodgement date), you were not in Australia nor a permanent resident - see other posts on this forum about this condition. I think you can only apply 4 years after your return to Australia, on 2 Feb 2021. Neither was I but it worked. Quote Link to comment Share on other sites More sharing options...
Hee Posted September 14, 2019 Author Share Posted September 14, 2019 3 hours ago, MrGrieves said: On 11 September 2016 (4 years before your intended lodgement date), you were not in Australia nor a permanent resident - see other posts on this forum about this condition. I think you can only apply 4 years after your return to Australia, on 2 Feb 2021. Yes MrGrieves, that makes more sense to me Feb/2021... but my heart wants to believe rammygirl 2 hours ago, rammygirl said: Neither was I but it worked. Did you go by the calculator at all when you prepped your citizenship application? Also should I add my first lawful visa in Australia into the equation or no need? Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 14, 2019 Share Posted September 14, 2019 Yes I did use the calculator first. I didn’t put my very first lawful visit just the one I was using to calculate from. I visited many times before, twice on provisional visas and finally as PR. although the PR entry wasn’t the one I used. Maybe the provisional visa is treated differently to a visitor or temporary visa though. 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted September 14, 2019 Share Posted September 14, 2019 Current citizenship policy, chapter 7A: ”If absent from Australia on the day four years immediately before applying If a person’s first arrival in Australia is less than four years before they apply for citizenship, they cannot meet the general residence requirement, even if they spend three years continuously in Australia. The start date of the four-year lawful residence period is usually the date four years immediately before they lodge their application. However, if the person has not made their first entry into Australia, they need to wait at least four years after their first entry to meet this requirement. Where a person was outside Australia on the day four years immediately before applying, but had previously been in Australia as the holder of a permanent visa, they may still use the day four years immediately before applying as a start date (for the purposes of being eligible to satisfy the four year lawful requirement), providing that on that day they held a permanent visa. If these conditions are met, then the person may use the full four year period immediately before applying towards meeting the general residence requirement.” Quote Link to comment Share on other sites More sharing options...
Hee Posted September 14, 2019 Author Share Posted September 14, 2019 1 hour ago, paulhand said: The start date of the four-year lawful residence period is usually the date four years immediately before they lodge their application. Thanks for that Paulhand. I'm still confused as to how the absence is calculated. Lawful entry in Feb 2016. In Sep 2020 I will have 4 years residence in Australia, including 1 year as a PR, minus the 'absences' which amount to 17 months. But the calculator still says it's okay. However on the DHA website they state absences can't be over 12 months total in last 4 years, so the statements feel contradictory which is what confuses me. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 14, 2019 Share Posted September 14, 2019 6 hours ago, paulhand said: Current citizenship policy, chapter 7A: ”If absent from Australia on the day four years immediately before applying If a person’s first arrival in Australia is less than four years before they apply for citizenship, they cannot meet the general residence requirement, even if they spend three years continuously in Australia. The start date of the four-year lawful residence period is usually the date four years immediately before they lodge their application. However, if the person has not made their first entry into Australia, they need to wait at least four years after their first entry to meet this requirement. Where a person was outside Australia on the day four years immediately before applying, but had previously been in Australia as the holder of a permanent visa, they may still use the day four years immediately before applying as a start date (for the purposes of being eligible to satisfy the four year lawful requirement), providing that on that day they held a permanent visa. If these conditions are met, then the person may use the full four year period immediately before applying towards meeting the general residence requirement.” When was this? We applied December 2018 and we were offshore not PR on the day four years prior. We got our citizenship though. Quote Link to comment Share on other sites More sharing options...
paulhand Posted September 14, 2019 Share Posted September 14, 2019 (edited) It’s current policy ... Edited September 14, 2019 by paulhand Quote Link to comment Share on other sites More sharing options...
Jojoe Posted September 14, 2019 Share Posted September 14, 2019 On 14/09/2019 at 02:30, Hee said: Hello people~ I need help to understand the residence calculator on DHA website. Very confused. It says before applying for Citizenship, you must have lived in Australia lawfully for 4 years, including 1 year as a permanent resident. And you cannot have been outside Australia for 12 months total, during the past 4 years. So I did enter my dates in the calculator as seen below. Permanent Residence Date: 31/08/2019 Lawful Residence Date: 07/02/2016 Intended Lodgement Date: 11/09/2020 and the absence dates: From Date: 05 Jun 2016 To Date: 02 Feb 2017 From Date: 30 Apr 2017 To Date: 01 Aug 2017 From Date: 01 Oct 2018 To Date: 23 Dec 2018 From Date: 03 Dec 2019 To Date: 20 Jan 2020 Now the calculator says yes I can apply for Citizenship but we can clearly see that I've been out for 17 months...it doesn't make sense. Also..should I count from the first visa I got in Australia? which was in 2008. or the first visa i got 4 years before the citizenship application. Any help or clarification would be greatly appreciated! Thank you! So count 4 years back from lodgement date of 11/9/2020 which is 11/9/2016 . Taking into consideration the lawful residence date of 7/2/1016 which gives an extra 7 months residency in calculations . The fact that the permanent residency kicks in at 31/8 /2019 so any absence from this date could fall under the clause of not being calculated as an absence due to being a continual permanent residence of Australia and continually living in Australia . The fact that 4 years back falls on the 11/ 9/ 2016 means calculations of absence are only calculated from that date until permanent residency of 31/8/2019 which is roughly 12 months in total .This could give you your missing 17 months and where I believe the calculations you were given are right . All the best for your citizenship . 1 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 14, 2019 Share Posted September 14, 2019 8 hours ago, paulhand said: It’s current policy ... Yes, I was just wondering if this was the case when I applied as it would imply I wasn’t eligible. Quote Link to comment Share on other sites More sharing options...
Jojoe Posted September 15, 2019 Share Posted September 15, 2019 6 hours ago, Jojoe said: Quote Link to comment Share on other sites More sharing options...
LouDYorkie Posted September 15, 2019 Share Posted September 15, 2019 Yes, I was just wondering if this was the case when I applied as it would imply I wasn’t eligible.Same here [emoji53]I did my test 4 months ago and still haven’t been approved so I don’t know if this might be the reason! This doesn’t apply to my OH who did his test 2 months ago and he was approved same day [emoji2360] Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 15, 2019 Share Posted September 15, 2019 32 minutes ago, LouDYorkie said: Same here I did my test 4 months ago and still haven’t been approved so I don’t know if this might be the reason! This doesn’t apply to my OH who did his test 2 months ago and he was approved same day But I was approved and have Citizenship since August 2018. Quote Link to comment Share on other sites More sharing options...
LouDYorkie Posted September 15, 2019 Share Posted September 15, 2019 But I was approved and have Citizenship since August 2018. Oh right-maybe it is a new rule! Quote Link to comment Share on other sites More sharing options...
Hee Posted September 15, 2019 Author Share Posted September 15, 2019 8 hours ago, Jojoe said: So count 4 years back from lodgement date of 11/9/2020 which is 11/9/2016 . Taking into consideration the lawful residence date of 7/2/1016 which gives an extra 7 months residency in calculations . The fact that the permanent residency kicks in at 31/8 /2019 so any absence from this date could fall under the clause of not being calculated as an absence due to being a continual permanent residence of Australia and continually living in Australia . The fact that 4 years back falls on the 11/ 9/ 2016 means calculations of absence are only calculated from that date until permanent residency of 31/8/2019 which is roughly 12 months in total .This could give you your missing 17 months and where I believe the calculations you were given are right . All the best for your citizenship . Legend mate thanks! I though it was counted from lawful residence date. Makes sense now. Thank you so much for clarifying this for me. Quote Link to comment Share on other sites More sharing options...
Ajar Posted April 19, 2021 Share Posted April 19, 2021 HI All, Could you please help me with the below query Permanent Residence Date: 17/02/2015 Lawful Residence Date: 04/07/2015 Intended Lodgement Date: 17/04/2021 and the absence dates: From Date: 24 Nov 2015 To Date: 27 Nov 2015 From Date: 02 Jan 2016 To Date: 05 Sep 2016 From Date: 09 Sep 2016 To Date: 19 May 2017 From Date: 27 Nov 2018 To Date: 23 Aug 2019 From Date: 05 Nov 2020 To Date: 10 Jan 2021 Now the calculator says yes I can apply for Citizenship. But the application does not allow me to proceed. What are the parameters for calculation. I mean, is it the Full name, Passport number. I recently got a new passport and have travelled using it. So it must be updated in the system. Any help or clarification would be greatly appreciated! Thank you! Quote Link to comment Share on other sites More sharing options...
Neha2991 Posted February 4 Share Posted February 4 Arrived Sydney Departed Sydney 15/01/2018 6/03/2019 26/03/2019 3/01/2021 20/07/2022 22/09/2022 22/11/2022 21/12/2022 2/03/2023 1/06/2023 29/07/2023 1/10/2023 16/10/2023 8/12/2023 And then arrived on 30 Jan 2024. Got my PR on 31 Jan 2024. Residency calculator shows that I meet residency requirements and eleigble to apply on 31 Jan 2025. Is this accurate? Please can someone help me Quote Link to comment Share on other sites More sharing options...
BendigoBoy Posted February 4 Share Posted February 4 (edited) 2 hours ago, Neha2991 said: Arrived Sydney Departed Sydney 15/01/2018 6/03/2019 26/03/2019 3/01/2021 20/07/2022 22/09/2022 22/11/2022 21/12/2022 2/03/2023 1/06/2023 29/07/2023 1/10/2023 16/10/2023 8/12/2023 And then arrived on 30 Jan 2024. Got my PR on 31 Jan 2024. Residency calculator shows that I meet residency requirements and eleigble to apply on 31 Jan 2025. Is this accurate? Please can someone help me If that's what the calculator says, that's what it will be. You must have held PR for 12 months before you are eligible for citizenship. Edited February 4 by BendigoBoy Quote Link to comment Share on other sites More sharing options...
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