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Lawful residence and past holidays


GeeBee

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In June this year my GF and I meet the one year PR requirement requirement for citizenship. She moved to australia in sept 2018 and has been in the country since. 

the four year lawful residence would be sept 2022. All good. 

but what about holidays beyond 4 years? There was a 10 day visa run earlier in May 2018 (eVisitor - to present in person for AHPRA nursing registration) and over the 10 years before that, my GF has clocked up about 3 months living in australia on tourist visas. I’m wondering if these trips beyond 4 years ago would form part of the lawful residence but can’t confirm either way from the wording.

Edited by GeeBee
Added visa run info
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They only look at the four years immediately prior to your application date. Nothing that happened before that time has any bearing whatever.

They say:

'We consider the amount of time you have lived in Australia in the last 4 years'  

and  

'At the time you apply you must have been: living in Australia on a valid visa for the past 4 years'

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Thanks Nicky. 

so if I forget about prior holidays the only one I’m still unsure about is the visa/aphra run in May 2018

- 22-31 May 2018 - in australia on eVisitor visa

- 1 june - 19 sept 2022 - in uk

- 20 sep 2018 - landed in australia on 482 visa and haven’t left

- june 2021 PR granted

- june 2022 PR held one year

i had been planning to apply after 20 sept 2022  but now wondering if I can in June 2022. I put these dates into the residency calculator and it said yes but there’s no way to add visas to that.

 

Edited by GeeBee
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That might work - not sure.

I know that you don't have to be present in Australia on the date four years prior to your application - but I think you do need to be in possession of a valid visa. 

Whether the May 2018 eVisitor visa was classed as valid during June 2018, you'd need to investigate. 

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