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Exceptions to residency requirements


amandahughes

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Hi all,

I am eligible to apply for my Australian citizenship on 1 June as that will be 4 years I have lived in the country on a valid visa. 

The issue I am having at the moment is my dad has been diagnosed with terminal cancer back in the UK and I want to leave soon to spend time with him while I still can. 

Does anyone know if there is an option to apply for extenuating circumstances for not meeting the residency requirement as I am 4 months out from meeting it but probably won't be able to stay until June ? This would also mean I would need to apply for my citizenship this month. 

Thanks for any advice. 

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42 minutes ago, amandahughes said:

I am eligible to apply for my Australian citizenship on 1 June...

The issue I am having at the moment is my dad has been diagnosed with terminal cancer back in the UK and I want to leave soon to spend time with him while I still can. 

Does anyone know if there is an option to apply for extenuating circumstances

Not as far as I know.  You'll just need to get a Resident Return Visa to tide you over until you return.

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  • 2 weeks later...

Once you leave Australia (offshore), your citizenship application will be paused essentially according to my previous experience, the processing team won't touch your application until you are back (onshore). 

But don't worry about it, as soon as your application has been submitted, there is no concern of residency requirement anymore; just to remember to get the Resident Return Visa before your departing. 

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The possible issue though is around the time allowed out of country. In your last year you can only be out 30 days. 

So if leaving now you would have to be back by early April or else wait another year until you can say you've done 12 continuous months with only 1 out of the country 

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5 hours ago, Ausvisitor said:

The possible issue though is around the time allowed out of country. In your last year you can only be out 30 days. 

So if leaving now you would have to be back by early April or else wait another year until you can say you've done 12 continuous months with only 1 out of the country 

The requirements are 4 years with no more than a year in total away and less than 90 (not 30) days absent in the last year. 
 

Meet the general residence requirement

Hide 

When you apply you must have been:

  • living in Australia on a valid visa for the past 4 years
  • a permanent resident or eligible New Zealand citizen for the past 12 months
  • 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.

 

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