Guest wedgie Posted August 27, 2009 Share Posted August 27, 2009 Hi all, Just wondering if the 417 visa counts toward the 4 year residency requirement for citizenship? Thanks Alex Link to comment Share on other sites More sharing options...
Rossmoyne Posted August 27, 2009 Share Posted August 27, 2009 Don't think so Wedgie but you might want to check that with DIAC. Have a look at their website. Department of Immigration & Citizenship. Link to comment Share on other sites More sharing options...
Guest wedgie Posted August 27, 2009 Share Posted August 27, 2009 Thanks for the reply, I've had a dig about at DIAC but couldn't find anything specific. It just goes on about having had to have had 4 years of legal residency... I can't find any specifics around visas that count toward that. Still, if the WHV doesn't count, I have 11 months and 4 days to go :-D Link to comment Share on other sites More sharing options...
Guest eurosyl Posted August 27, 2009 Share Posted August 27, 2009 It does not count: The WHV is a visa in the visitor class and does not count for residency. Also note that the count for the permanent residency requirement (12 months) starts from the date you enter Australia AFTER obtaining permanent resident status. This information is also available when you open up the residence requirements calculator Please note that any time you spent in Australia before you were granted permanent residence status, does not count as permanent residence. If you were granted a migrant visa offshore your permanent residence date is your date of first arrival in Australia on this visa. If you were granted a permanent residence visa onshore your permanent residence date is the date that visa was issued. Cheers,Sylvia Link to comment Share on other sites More sharing options...
Guest wedgie Posted August 27, 2009 Share Posted August 27, 2009 Awesome, thanks for clearing that up for me Sylvia! Link to comment Share on other sites More sharing options...
Guest jenny79 Posted August 27, 2009 Share Posted August 27, 2009 It does not count:The WHV is a visa in the visitor class and does not count for residency. Also note that the count for the permanent residency requirement (12 months) starts from the date you enter Australia AFTER obtaining permanent resident status. This information is also available when you open up the residence requirements calculator Cheers, Sylvia i think it does count... 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. Sylvia's quote is useful since it means that you have to have spent 12 months out of the 4yrs in australia AS PERMANENT RESIDENT... don't know, but that's how i would interpret it... otherwise ppl wld be validating their visas, returning home, going back to australia for at 12 months and apply for citizenship. that wldn't make sense. Link to comment Share on other sites More sharing options...
Guest eurosyl Posted August 27, 2009 Share Posted August 27, 2009 I have carefully re-read the DIAC website, and I now agree with Jenny. It is true that the WHV comes as a visitor class visa, but it is also specifically mentioned as allowing 'temporary residence' on that respective factsheet. Perhaps a query to DIAC is in order to confirm this. Sorry if I caused any confusion. Link to comment Share on other sites More sharing options...
ali Posted August 27, 2009 Share Posted August 27, 2009 The working holiday Visa and the 457 (an employer sponsored visa), are different. I believe that time here on a 457 count towards the 4 years providing that you have 12 month PR (and meet other criteria), so 3 years 457 and 1 year PR would be the 4 years. I don't think a 12 month WHV counts towards - but not certain, so checking with immigration is best Link to comment Share on other sites More sharing options...
Guest jenny79 Posted August 28, 2009 Share Posted August 28, 2009 i think that if one picks a bone of contention, the 12-month WHV counts too... the definition of an unlawful non-citizen in the citizenship act (http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/36700F7A6C6BF1DCCA2575DE000D5D6D/$file/AusCitizenship2007.pdf - check page 14/77 of the pdf, not the pages themselves.) refers to the definition given in the migration act of 1958... now, an unlawful non-citizen as per the migration act of 1958 (part 1, where the definitions are is found here: http://www.comlaw.gov.au/comlaw/Legislation/ActCompilation1.nsf/0/21AA25BB79AE9108CA257604002A099F/$file/Migration1958Vol1_WD02.pdf - page 53/252 of the pdf) the definitions of lawful and unlawful non-citizens as given in the migration act: 13 Lawful non-citizens (1) A non-citizen in the migration zone who holds a visa that is in effect is a lawful non-citizen. (2) An allowed inhabitant of the Protected Zone who is in a protected area in connection with the performance of traditional activities is a lawful non-citizen. 14 Unlawful non-citizens (1) A non-citizen in the migration zone who is not a lawful non-citizen is an unlawful non-citizen. (2) To avoid doubt, a non-citizen in the migration zone who, immediately before 1 September 1994, was an illegal entrant within the meaning of the Migration Act as in force then became, on that date, an unlawful non-citizen. so the way i understand it to be is, that once you are in australia holding a valid visa, then you are a lawful non-citizen, and that your time there should be counted towards your citizenship requirement. then again, i'm not a lawyer, i'm not a migration agent or anything. this is just my opinion, and the way i interpret things to be. perhaps someone with more expertise could shed a light on this. Link to comment Share on other sites More sharing options...
wrussell Posted August 28, 2009 Share Posted August 28, 2009 Hi all, Just wondering if the 417 visa counts toward the 4 year residency requirement for citizenship? Thanks Alex Yes... Link to comment Share on other sites More sharing options...
Guest Shellybelly Posted March 24, 2010 Share Posted March 24, 2010 I was really interested by this thread! I have been in Oz for 2 years now - 1 year on a WHV and 1 year as a perm resident. I just phoned up DIAC and they told me I will be eligible to apply in just 2 years time as I just need to complete years 3 and 4 of residency status...... so that means YES!! The WHV does count towards it She said the only things I need to be aware of are 1)... that I am not outside of australia for more than 12 months over the whole 4 years and 2).. In the final year... I must be in Australia for at least 9 months of that year (so not away for longer than 3 months).. to be eligible. :biggrin: Link to comment Share on other sites More sharing options...
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