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robinoz2018

Citizenship 4 year residency requirement

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Posted (edited)

Hello All,

I am looking to apply for my citizenship on the one year anniversary of my permanent residency which is fast approaching.

However, I am confused by the 4-year requirement and if this need to be continuous (or not). A timeline of my history in Australia is below:

 

Feb 2015 - Arrived in Australia on 573 visa

June 2016 - Returned to the UK (573 visa was due to expire in June)

August 2016 - 457 visa granted and returned to Australia (78 days spent outside Australia while applying for visa offshore)

Feb 2019 - PR granted

Feb 2020 - Apply for Citizenship?

 

Using the residency calendar, it is saying I am eligible based on my lawful residence date being Feb 2015 entry to Australia. The time I spent outside Australia was while applying for my 457 visa offshore as I did not have a valid visa. 

Am I able to use my lawful residence date as my first arrival in Feb 2015? Or the subsequent entrance in August 2016, which would delay me applying for citizenship for 6 months.

My overseas absence from Australia is less than 12 months in total in the past 4 years and I have spent less than 90 days outside Australia in the past year. 

 

Many thanks,


Rob

Edited by robinoz2018

Permanent Resident 18/02/2019

Citizenship Application: 18/02/2020

Invitation: TBA

Test Date: TBA

Approval: TBA

Ceremony: TBA

City of Melbourne

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You can put the dates in the calculator on the citizenship page of gov website. You may find that not having a visa for a period may have re set the clock though.

 

The residency does not have to be continuous.  Look back over the 4 years before you apply and if you have 1 year PR, and less than one year absence (with no more than 90 days in the last year) that satisfies the residency.


So many wineries ......so little time :yes:

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1
28 minutes ago, rammygirl said:

You can put the dates in the calculator on the citizenship page of gov website. You may find that not having a visa for a period may have re set the clock though.

 

The residency does not have to be continuous.  Look back over the 4 years before you apply and if you have 1 year PR, and less than one year absence (with no more than 90 days in the last year) that satisfies the residency.

From what I can see there is no specific wording requiring applicants to continuously hold a valid visa for the duration of the four years, only that you require a valid visa while acually living in Australia. 

Using my original entry as the lawful residency date, it says I am valid to apply based on the 4 years and 1 year PR with less than a year absence and no more than 90 days in the last year.

Will be coming up for my 5 year anniversary living Oz soon so looking forward to getting my citizenship application underway 🙂 


Permanent Resident 18/02/2019

Citizenship Application: 18/02/2020

Invitation: TBA

Test Date: TBA

Approval: TBA

Ceremony: TBA

City of Melbourne

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Hello All,
I am looking to apply for my citizenship on the one year anniversary of my permanent residency which is fast approaching.
However, I am confused by the 4-year requirement and if this need to be continuous (or not). A timeline of my history in Australia is below:
 
Feb 2015 - Arrived in Australia on 573 visa
June 2016 - Returned to the UK (573 visa was due to expire in June)
August 2016 - 457 visa granted and returned to Australia (78 days spent outside Australia while applying for visa offshore)
Feb 2019 - PR granted
Feb 2020 - Apply for Citizenship?
 
Using the residency calendar, it is saying I am eligible based on my lawful residence date being Feb 2015 entry to Australia. The time I spent outside Australia was while applying for my 457 visa offshore as I did not have a valid visa. 
Am I able to use my lawful residence date as my first arrival in Feb 2015? Or the subsequent entrance in August 2016, which would delay me applying for citizenship for 6 months.
My overseas absence from Australia is less than 12 months in total in the past 4 years and I have spent less than 90 days outside Australia in the past year. 
 
Many thanks,

Rob


The way I read the general residence requirement, I don’t think that you meet it yet...
“At the time you apply, you must have been:
Living in Australia on a valid visa for the past 4 years...”
Yes, you can travel (within limits) but you weren’t travelling, you were living outside of Australia and had no valid visa.

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5 hours ago, robinoz2018 said:

Am I able to use my lawful residence date as my first arrival in Feb 2015?

Yes

3 hours ago, LouDYorkie said:

Yes, you can travel (within limits) but you weren’t travelling, you were living outside of Australia and had no valid visa.

You can "be absent" for "not more than 12 months" is the wording used in the Act, and there is no requirement for a specific type of absence and no requirement to hold a visa if you are offshore during the first three years of the 4 year period.

This is different to the final 12 months before applying, when you do need to hold a permanent visa, even when offshore, otherwise you reset the 12 months.

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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. Any comments relate to legislation and policy at date of post. 

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Thanks for clarification Paul. 


So many wineries ......so little time :yes:

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