Snowball2 Posted January 30, 2021 Share Posted January 30, 2021 I’m thinking ahead to citizenship but I’m finding the calculator in the immi page a little unclear (surprise surprise!) I’m unclear what the difference is between permanent residence & lawful residence in this context. We got our PR visa granted while we were in the UK in October 2018. Made first entry to Oz on that visa to activate it in Jan 2019, stayed for 2 weeks. Arrived here to live in November 2019. Would the lawful residence date be the first entry date on the PR visa or the November date? Advice appreciated! Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 30, 2021 Share Posted January 30, 2021 The lawful residence date is the date when you actually came to live in Australia, which would be the November. Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 30, 2021 Share Posted January 30, 2021 4 hours ago, Marisawright said: The lawful residence date is the date when you actually came to live in Australia, which would be the November. I disagree. They can count from Jan 2019. The wording is “the person was present in Australia” 2 Quote Link to comment Share on other sites More sharing options...
cyril_au Posted January 30, 2021 Share Posted January 30, 2021 (edited) To satisfy the residency requirement of your citizenship application you need to show to the Department that you have resided legally in Australia for at least 4 years in total with 1 of them in the Permanent Resident status. https://immi.homeaffairs.gov.au/citizenship/become-a-citizen/permanent-resident#Eligibility Quote away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months It means that you can just add two weeks you stayed back in January 2019 to the overall time you spent in Australia. Edited January 30, 2021 by cyril_au Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 30, 2021 Share Posted January 30, 2021 (edited) Lawful residence started Jan 2019. You could qualify for citizenship in Jan 2023 depending if any additional time outside of Australia pits you over a year. The time spent back in UK counts towards the year of absence allowed. Edited January 30, 2021 by rammygirl 2 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 30, 2021 Share Posted January 30, 2021 (edited) 2 hours ago, paulhand said: I disagree. They can count from Jan 2019. The wording is “the person was present in Australia” But they weren't present in Australia from January to November? Edited January 30, 2021 by Marisawright 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 30, 2021 Share Posted January 30, 2021 4 hours ago, Marisawright said: But they weren't present in Australia from January to November? ... which counts towards the 12 months they are allowed to have been outside Australia in the 4 years before applying. So as long as total absences from Jan 2019 to Jan 2023 are less than 12 months, then all is good counting from January 2019. 2 1 Quote Link to comment Share on other sites More sharing options...
DrDougster Posted February 1, 2021 Share Posted February 1, 2021 My understanding is you've got 2 months left that you can be out of the country before Jan 2019 date shifts and starts to shift Rammygirl's Jan 2023 date. If that makes sense. 1 Quote Link to comment Share on other sites More sharing options...
Snowball2 Posted February 1, 2021 Author Share Posted February 1, 2021 18 minutes ago, DrDougster said: My understanding is you've got 2 months left that you can be out of the country before Jan 2019 date shifts and starts to shift Rammygirl's Jan 2023 date. If that makes sense. Yes that makes sense. I guess it depends on COVID whether we’ll get away on hols for more than 8 weeks over the next 2 years! Quote Link to comment Share on other sites More sharing options...
Snowball2 Posted February 1, 2021 Author Share Posted February 1, 2021 On 31/01/2021 at 02:07, paulhand said: ... which counts towards the 12 months they are allowed to have been outside Australia in the 4 years before applying. So as long as total absences from Jan 2019 to Jan 2023 are less than 12 months, then all is good counting from January 2019. Thanks Paul. Quote Link to comment Share on other sites More sharing options...
DrDougster Posted February 1, 2021 Share Posted February 1, 2021 1 hour ago, Snowball2 said: Yes that makes sense. I guess it depends on COVID whether we’ll get away on hols for more than 8 weeks over the next 2 years! I had a bit of a WTF moment when someone pretty high up slipped out "probably two years" in a sentence relating to UK the other day. I'm still not convinced that is likely but probably 2022... 1 Quote Link to comment Share on other sites More sharing options...
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