The Curious Case of...

[AndrewCM]

September 2019 I lodged my application from Australia. At this time I met all the requirements for citizenship.

At the end of September I left Australia and have been overseas since.

2nd of March 2020 I received a "Citizenship Appointment
Letter" for the 13th of May.

20th of March I emailed the Parramatta Office(PO), the office processing my application, requesting an exception that would allow me to sit my interview and test in an overseas embassy (this is generally only reserved for offshore applications). I requested this due to the difficulties of travelling to a Australia because of covid.

24th of March 2020 I received an email from the PO saying: "All citizenship test appointments have been suspended for the time being. You will be advised in due course as soon as interviews and testing resumes."

A week ago I decided to write to PO again as I haven't heard anything from anyone since March 2020.

Here is my email followed by their response below:

Dear Ma'am/Sir,

It has now been over a year since I last heard from you informing me that my citizenship test appointment had been suspended. (See below)

I have heard nothing through the online immigration portal either.

As per my previous email, I understand that only offshore applications are entitled to sit their interview and test at an Embassy overseas. However, due to the exceptional circumstances that we find ourselves in and the difficulty to travel back to Australia at this time, I am again requesting an exception to be made that would allow me to sit the interview and take the citizenship test at an Australian Embassy closer to where I currently reside, specifically the Australian Embassy in Dubai as borders have opened between Tajikistan and Dubai.

I look forward to hearing from you,

Yours sincerely,

Their response:

 

Generally, it is expected that if an application for conferral of Australian citizenship is lodged onshore, the entire process will be carried out onshore. The Department recognises that some applicants may depart Australia at some point between lodging their application for Australian citizenship and before the application is finalised.  Most of these applicants depart for only a brief period, such as for a holiday or to visit family. However, some applicants may depart Australia for an extended period, and this may affect their ability to meet the requirements for Australian citizenship.

Overseas tests are reserved for offshore conferral applicants only. Timeframes for facilitating a citizenship test at an Australian Embassy or Australian Consulate abroad, will vary depending on the availability of delivering citizenship services at these locations.  You have an option of withdrawing your application and re-lodging once you arrive back into Australia.

Offshore citizenship ceremonies may be conducted in limited circumstances for which applicants must have a compelling reason to warrant a ceremony outside of Australia.  If an applicant does not have an exceptional compelling or compassionate circumstances for a ceremony outside of Australia they will be expected to attend a ceremony when they return to Australia. If they applied for citizenship in Australia they are expected to attend a ceremony in Australia.

Generally, conferees have 12 months from their notice of approval to attend a ceremony in Australia and make the pledge of commitment to Australia. During the COVID-19 period, citizenship approval may not be cancelled if a conferee cannot attend a ceremony within this 12 month period.

Position Number: xxxxxxx

Citizenship Program Delivery Branch I Citizenship Division

Social Cohesion and Citizenship Group

Department of Home Affairs

......

 

I am not really sure what their response means and not sure what to do next...?

Any thoughts, suggestions, advice?

Thanks in advance.

[Marisawright]

AFAIK, you can't do anything until you move back to Australia.  If you apply for citizenship and then leave, the whole thing just stops until you return.

There is a good reason for that:  the whole idea of citizenship is that you are committing to being an Australian.  There was a time when it was common that people from less developed or unstable countries (e.g. in the Middle East or Asia), came to live in Australia just long enough to get citizenship, then they'd go back and live in their home country again, knowing they could hop back to Australia any time if there was a war or to claim a pension in their old age, or to pass citizenship on to their children.   That's why they put the qualifying period up to 4 years (it used to be only 2) and now, you can't apply onshore and then just swan off.

Normally, if you can't get back for the ceremony within 12 months, you'd have to apply again.  With Covid, they're being lenient.

Edited May 13, 2021 by Marisawright

[rammygirl]

If you have compassionate and compelling reasons for your departure and can evidence this AND prove your intention has always been to return to Australia you should submit these. Otherwise you may have to wait.  
Is your visa still valid to return to Australia, if not you will need to apply for an RRV if citizenship cannot be completed overseas. 

[AndrewCM]

9 hours ago, Marisawright said:

Normally, if you can't get back for the ceremony within 12 months, you'd have to apply again.  With Covid, they're being lenient.

Thanks for your reply. I understand that about the ceremony but I am yet to be invited to the interview and test again. I was sent an invitation over a year ago but since covid happened i haven't heard from them. I am happy to sit my interview in Australia but i need to receive an invitation for this right?

[AndrewCM]

9 hours ago, Marisawright said:

That's why they put the qualifying period up to 4 years (it used to be only 2) and now, you can't apply onshore and then just swan off.

Actually I'm not so sure about that. As stated on the immigration website:

• intend to live in Australia or maintain a lasting link with Australia while overseas

I think it's clear by that comment that the option of getting citizenship but not living in Australia is available. I lived in Australia for 7 years. My wife is Australian and so I have friends, family there. So my wife and I are maintaining a lasting link with Australia while we are currently semi-permanently overseas.

[AndrewCM]

My follow up email: 

Dear ma'am/sir,

You say:
"However, some applicants may depart Australia for an extended period, and this may affect their ability to meet the requirements for Australian citizenship."

However, as far as I know, nowhere on your website or during the application process did it say that applicants are prohibited to leave Australia for extended periods of time during their application process.

What is stated clearly on immi.homeaffairs.gov.au is that one of the requirements for citizenship is that "you must intend to live in Australia or maintain a lasting link with Australia while overseas"

As someone who is married to an Australian; has lived 6 years in Australia; have friends and family in Australia etc. it is obvious that my Australian wife and I "intend to maintain a lasting link with Australia" even though we currently find ourselves semi-permanently overseas. 

"Generally, it is expected that if an application for conferral of Australian citizenship is lodged onshore, the entire process will be carried out onshore."

I understand that *generally* you expect the entire process to be carried out onshore but as you yourself have said: This is what you *generally* expect hence why I am requesting an exception, not to a rule, but to this expectation of yours.

I am happy to do the citizenship ceremony in Australia as my wife and I are planning to come back to Australia at the end of this year anyway, once things hopefully somewhat return back to normal.

Once again, all I am requesting is that in light of this worldwide pandemic I would be afforded the opportunity and ease of attending my test and interview at an Australian embassy closer to where I am currently residing rather than forcing us, my wife and I, to go through the anxiety and stress and danger to ourselves and others that would be involved in travelling back to Australia to sit this interview during this covid age.

Once again I request you to please consider this exception and I look forwards to hearing from you.

Andrew

P.s. Even if your answer is "no" I would really appreciate a personal response to my request rather than a confusing-copy-paste-email-response that doesn't entirely relate to my situation.

[Nora]

On 14/05/2021 at 02:55, AndrewCM said:

My follow up email: 

Dear ma'am/sir,

You say:
"However, some applicants may depart Australia for an extended period, and this may affect their ability to meet the requirements for Australian citizenship."

However, as far as I know, nowhere on your website or during the application process did it say that applicants are prohibited to leave Australia for extended periods of time during their application process.

What is stated clearly on immi.homeaffairs.gov.au is that one of the requirements for citizenship is that "you must intend to live in Australia or maintain a lasting link with Australia while overseas"

As someone who is married to an Australian; has lived 6 years in Australia; have friends and family in Australia etc. it is obvious that my Australian wife and I "intend to maintain a lasting link with Australia" even though we currently find ourselves semi-permanently overseas. 

"Generally, it is expected that if an application for conferral of Australian citizenship is lodged onshore, the entire process will be carried out onshore."

I understand that *generally* you expect the entire process to be carried out onshore but as you yourself have said: This is what you *generally* expect hence why I am requesting an exception, not to a rule, but to this expectation of yours.

I am happy to do the citizenship ceremony in Australia as my wife and I are planning to come back to Australia at the end of this year anyway, once things hopefully somewhat return back to normal.

Once again, all I am requesting is that in light of this worldwide pandemic I would be afforded the opportunity and ease of attending my test and interview at an Australian embassy closer to where I am currently residing rather than forcing us, my wife and I, to go through the anxiety and stress and danger to ourselves and others that would be involved in travelling back to Australia to sit this interview during this covid age.

Once again I request you to please consider this exception and I look forwards to hearing from you.

Andrew

P.s. Even if your answer is "no" I would really appreciate a personal response to my request rather than a confusing-copy-paste-email-response that doesn't entirely relate to my situation.

Hope everthing goes well for you. Not sure how they will take your follow-up email.