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Going out of Oz on a holiday & citizenship eligibility


Guest Sereena

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Guest Sereena

Hi there

Does anyone know how long you can go out of the country on a holiday without jeopardising your citizenship eligibilty? We only have to have been here the two years before we can apply and we're now coming up to a year here. (We travelled here on our visa & 'activated' it back in 2006 before finally moving in 2008) Been looking at maybe going on a holiday - New Zealand or possibly the UK (if finances allow), but reading the citizenship website it looks as though you can't leave the country in the year immediately before applying? Am I reading that right? That means we can't go anywhere now unless we do it before 1st June if that's the case...anyone help?? Thx

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Give the Citizenship Information Line a ring on 131880. I don't know if it will make any difference to your application that you validated in 2006, but didn't actually reside here until 2008 - you will need to check this out with them. I found them very helpful when i contacted them regarding the citizenship test.

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Guest proud2beaussie

This is from the IMMI website.

Residence requirements and calculator

 

 

People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for four years immediately before applying including:

 

  • 12 months as a permanent resident
    and
  • absences from Australia of no more than 12 months, including no more than ninety (90) days in the 12 months before applying.

If people became permanent residents before 1 July 2007 and apply before 30 June 2010, they must have been physically present in Australia as a permanent resident for a total of two years in the five years before applying, including one year in the two years before applying.

Note: Periods of lawful residence cannot include a period of confinement in a prison or psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law except in limited circumstances. A residence calculator is available to assist you to determine if you meet the residence requirement. This calculator can accept future dates.

See: Residence Requirements Calculator calculator.gif

See: What is Australia as currently defined for citizenship?

Residence exemptions and discretions

 

Exemptions

 

People are exempt from the residence requirement if they:

 

  • have served ninety (90) days in the permanent forces of the Commonwealth of Australia
    or
  • have served six months in the Australian Reserve Forces
    or
  • were discharged from defence service as medically unfit for that service.

A partial exemption applies to former Australian citizens and people born in Australia. They need only have been resident in Australia for 12 months as a permanent resident.

Discretions

 

You may apply for any of these residence discretions if you will be in Australia at the time your application is decided. If you will be overseas during this period only discretions 5 and 6 are applicable.

  1. Periods during which a person was present in Australia as an unlawful non-citizen solely because of an administrative error may be treated as periods of lawful residence.
  2. Periods of lawful residence in Australia but not as a permanent resident solely because of an administrative error may be treated as periods of permanent residence.
  3. Periods of lawful residence in Australia but not as a permanent resident may be treated as a period of permanent residence if a person would otherwise suffer significant hardship or disadvantage.
  4. Periods of confinement in a prison or psychiatric institution may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances which resulted in the person’s confinement.
  5. Periods spent outside Australia by the permanent resident spouse or de facto partner, or the surviving spouse or de facto partner of an Australian citizen may be treated as periods in Australia, if they had close and continuing association with Australia during that period.
  6. Periods spent outside Australia by a permanent resident who is in an interdependent relationship with an Australian citizen may be treated as periods in Australia, if they had close and continuing association with Australia during that period.

Note: You may lodge your application while you are overseas but you must be in Australia at the time your application is decided unless you are applying for discretion 5 or 6.

 

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Guest acbh2

Hi there, if you copy and paste this link it will lead you to a 'citizenship calculator' you put in the dates you entered the country and the dates you will be away on holiday (you can put in future dates also). It will tell you the date you can apply for citizenship. We arrived in June 2007 but can't apply till sept 2009 cos we have been out of the country travelling for a total of 12 weeks since we arrived.

 

https://www.ecom.immi.gov.au/citz/startIntervalCalc.do

 

Andrea x

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Guest Sereena

I don't think it matters that we were out of the country for 2 years from 2006 - 2008 as we actually travelled in on that visa & activated it. I've just checked on the citizenship calculator & it's saying we can apply in June 2010 which is what we thought. It does also appear we may be able to leave the country for a couple of weeks or so during the next year...thank you to the person who said you can enter forward dates as I didn't know you could do this. I might have to call someone & double check though as we're cutting the dates fine as we have to apply before end of June 2010 to still be eligible for the two years....I'd hate to leave the country for a few weeks & find that it messed it all up! Thank you for all your replies.

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Guest acbh2
I don't think it matters that we were out of the country for 2 years from 2006 - 2008 as we actually travelled in on that visa & activated it. I've just checked on the citizenship calculator & it's saying we can apply in June 2010 which is what we thought. It does also appear we may be able to leave the country for a couple of weeks or so during the next year...thank you to the person who said you can enter forward dates as I didn't know you could do this. I might have to call someone & double check though as we're cutting the dates fine as we have to apply before end of June 2010 to still be eligible for the two years....I'd hate to leave the country for a few weeks & find that it messed it all up! Thank you for all your replies.

 

Hope it all works out for u. Glad u found calculator useful x

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Guest Sereena

No worries ali! It was probably me confusing things by waffling on too much! Thanks for your responses though!

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