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Jake Law

Citizenship application and moving home

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Hi guys. Hoping you can help with the following. I’m currently in the process of completing a citizenship application and entering all my details through the Immi account. I am a permanent resident on the 186 stream.  Before I complete the application I have a few questions namely:
 
(1) There is a question on the form “Does the applicant intend to depart Australia within the next 12 months?”  I am unsure of this. I have been thinking of moving back to Ireland for a few years with my Australian partner but Just a hypothetical for now. If I leave will they reject my citizenship Application because of this? How should I answer this question as I’m unsure if I will or not? How does the application and grant process work if I am living and working overseas?
 
(2) if I leave on my permanent residency back to Ireland and look to return after the travel facility has expired what would constitute a successful application for a resident return visa. Even if this is much later in life. I have a superannuation here so would that constitute a link to Australia for example and warrant a grant of a resident return visa. 
 
Thanks in advance. 

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1) If it is just a hypothetical for now and you haven't actually started making plans or booked anything there is no need to mention it. You have to be present in Australia for approval to be granted.

2) From my layperson understanding super does not constitute a substantial link to Australia. But i may be wrong. 

My advice would be wait until you have citizenship then look to move - at least then you have your citizenship. The applications at the moment are being processed quite quickly. 

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22 hours ago, Jake Law said:
if I leave on my permanent residency back to Ireland and look to return after the travel facility has expired what would constitute a successful application for a resident return visa. Even if this is much later in life. I have a superannuation here so would that constitute a link to Australia for example and warrant a grant of a resident return visa. 
 

No, superannuation would not be enough.  Having an Australian partner would be a point in your favour, especially if they have family residing in Australia. A job offer is another thing that can help. You might also want to consider buying a property, live in it for a year or so, then rent it out while you are overseas - then if/when you want to return, you can claim  you have an established home in Australia. 

All this is hypothetical, of course. The government is making immigration more difficult all the time and you'll always risk the possibility that they'll tighten the rules before you want to return.  


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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1. If you intend to travel after you apply, you must tell them, and as mentioned above, you usually need to be in Australia for the application to be approved. You also need to demonstrate that you are "likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia if the application were to be approved".

2. At the very least get an RRV before you leave, assuming you can get a 5 year one. To be eligible for an RRV going forward, you need to demonstrate "substantial ties of benefit to Australia" (and compelling reasons for an absence of longer than 5 years if that happens). An old super fund is unlikely to be sufficient, but an Aussie spouse is a very good start!

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____________________________________________________________________

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. 

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