robinoz2018 Posted January 8, 2020 Share Posted January 8, 2020 (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 January 8, 2020 by robinoz2018 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 8, 2020 Share Posted January 8, 2020 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. Quote Link to comment Share on other sites More sharing options...
robinoz2018 Posted January 8, 2020 Author Share Posted January 8, 2020 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 Quote Link to comment Share on other sites More sharing options...
LouDYorkie Posted January 8, 2020 Share Posted January 8, 2020 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, RobThe 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. Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 8, 2020 Share Posted January 8, 2020 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. 2 1 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 8, 2020 Share Posted January 8, 2020 Thanks for clarification Paul. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.