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Citizenship and validation - aGENTS pLEASE HELP


Guest Vicar of Dibley

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Guest Vicar of Dibley

Hi there!

I've started this new thread cos of all the confusion my other thread started.

 

The rules for aquiring citenzenship are supposed to be changing on 1st July. At the moment you only need to have been a perm resident for two years before you can apply. After july 1st that is changing to four years, plus a test.

 

This won't mean a lot to some but as my OH works in defence and needs citizenship to apply for security clearance, the sooner he can get this the better. Hence the need to travel out.

 

I have been told that, Only Andy needs to go out to get his visa validated and then HIS citizenship criteria will remain two years. I was told that we do not need to go out as a family. The principle visa holder is the only one who has to go first.

 

We have by the way be granted a Visa BN Subclass 137 - Skilled- State/Territory-Independent which is a perm residency visa.

 

If any one out there knows that we all have to go out please shout because that's not what we were told by the Australian High comission!!!!!:unsure:

 

Thanks VoD

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Hi Vic

 

If you're wrong then so am I !

 

We to are going to validate our visas and be in the country on July 1st, we want citizenship for our eldest as soon as poss as he wants to do Vet Science at Uni and cant get a student loan til he's a citizen.

 

My husband cant get as much time of work as me so will be returning before 1st July along with our daughter who doesnt want to miss her school prom!

So we will probably be applying for citizenship at different times too, (unless a validated visa is enough).

 

I am just hoping they dont change the date of commencement now as we will have to look at whether it would pay to send Josh over again on the new date.

Lets hope it doesnt come to that.

 

Sam xx

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Guest Vicar of Dibley

Hi there

My understanding is that even if the date of commencement changes, as long as you have validated your visa before thats all that matters. In other words if you are going out for july 1st then even if they delay it you will be OK! I've got a lady from the High Comission phoning me at some stage today, so I'll let you know what she says!!!!

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Hi there

My understanding is that even if the date of commencement changes, as long as you have validated your visa before thats all that matters. In other words if you are going out for july 1st then even if they delay it you will be OK! I've got a lady from the High Comission phoning me at some stage today, so I'll let you know what she says!!!!

Validation before commencement should be enough unless DIAC adopt a very strict definition of Resident when considering the citizenship application. I am 99 % sure that validation before commencement will be OK. Validation before and presence in Australia when the changes come into effect will guarantee 100% that the old rules will apply as long as you qualify under the old rules within 3 years of the commencement. So, if it is not too much trouble to make sure that you are present in Australia when the change-over commences, then you have nothing to worry about. Another problem is that the commencement date is still not set in stone for the 1st of July.

 

So the main applicant (Andy) can validate ahead of the rest of the family. This would then bring him under the "old" requirements as well as any resident children who were under 16 when he applies for citizenship, regardless of when they validated.

 

Regards

 

 

Tony Coates

MARN 0635896

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Guest Vicar of Dibley

Thanks Tony. At last some clarity!!!!!!!!

I appreciate that the Aussie govenment doesn't do things to siut the pom immigrants but you would think with something as important as this there would be a tad more clarity about the commencement date. Or is that just how things are done out there?

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Guest Sexy Welsh Aussie Bird

SHOUTING TO YOU VOB!

 

Please get this double checked but when we had our visa's granted at the end of last year, we were give only 6 MONTHS to validate, plus we all had to have our passports stamped even the kids, once validated we then had up until 2011 to migrate. Another requirement of the visa was that we could not enter without my husband as we came on his skilled visa 136. I am sure someone will know for certain but as far as I know from the info I was given towards the end of last year was correct !!! Good Luck , love Sian. p.s let me know how you get on!!!! xxxxxxxxxxxxxxxxxxx

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Guest Vicar of Dibley

Is that you on the "throne" ?

 

As a familiy we have been given up to the end of March 2008 to vaildate our visas. After this then have a max of five years to settle in Oz. The only reason we are sending Andy out ahead of the march 2008 validation date is because the Citizenship laws are changing making the residency requirement increase from two years to four. Because Andy needs residency asap he needs to get his visa validated before July 1st in order to qualify for the existing two years requirement.

As Andy is the principal applicant we don't need to go with him. It just means that when we are all in Oz I will have to wait four years before I can apply for Citizenship whereas Andy and the girls will be able to apply after two years!!!

 

I think I need some Holy Water after all that!

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Guest Sexy Welsh Aussie Bird

So how come that my hubby Kelvin was the principal visa holder yet we as a family all needed to come to validate the visa's prior to the 6 month deadline? Oh by the way thats my son Callum, he is 19 months and I am potty training him, he he he !!!!!!!!!!!

Don't suppose it matters now to us cos we are here but I am just interested, also my hubbies sister is seriously thinking of moving over with her family, she visits for a holiday at Xmas - can't wait to see them!!!!!!!!!!! xxxxxxxxxx

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The Good Vicar fully intends to validate before the deadline of end of March 2008. Rest of family does not have to accompany main applicant, they can arrive any time after (or with) the main applicant, not before, as long as it is before the stated initial entry date.

 

Regards

 

 

The Not so sexy Welsh Tone

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Guest Sexy Welsh Aussie Bird

Just a quickie welshtone, how come the name if you are in Ireland????????? Sorry just being nosy!!!!!!!

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Obvious isn't it ? Born in Wales, migrated to Oz when I was 23, met and married an Irish woman in Australia 6 years later, 10 years after that, came to Ireland to live in 2001.

 

How old am I ? answers on a postcard to ..................

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Guest Sexy Welsh Aussie Bird

No way I am a Llanelli girl. worked in Moriston Hospital for 4 years!!!!!!!!!!!! Go the Scarlets he he xxxxxxxxxxxx

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Guest Debs64

Thanks for this thread VoD

 

This subject is causing a real headache in our house. We are keen to be eligable for citizenship in two years but aren't moving out permanently until August. So we had a plan (we thought), My OH and I would do a quick validation trip at the end of June to validate our visas and do some ground work re accomodation & jobs etc. We wouldn't need to drag the girls along with us for this trip as they would be included in our citizenship application in two years time. ...and then last night it dawned on me that actually Amy will be sixteen in two years time, so will have to apply for citizenship in her own right and persumably needs to validate by the 1st July too. So that's that plan down the pan!

 

So do we not worry about losing the eligability to apply for citizenship in two years, and just wait the four anyway, do we take Amy on our validation trip too, or ....... ok I'm even boring myself now. We are just really keen to make Oz our home and will want everything 'proper' (meaning citizenship) as soon as possible, I don't want to wait an extra two years for the sake of a few weeks this end.

 

And anyhow what is it with the 1st July still being the proposed date for change on the DIAC site, if they still might change it to anytime before September will they tell us??

 

best wishes all

Debs :err:

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Guest Debs64

I think the DIAC website now confirms the 1st July as the start date for the new citizenship legislation.

 

Debs

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Thanks Deb for that,

 

its good news for us as we fly nx Sat and will be there on 'commencement day'.

 

For anyone interested this is the link to the page.

http://www.citizenship.gov.au/law-and-policy/legislation/changesResidenceRequirementsQA.htm

 

And this is what it says (not copied the whole page!!).

 

When will the new residence requirements come into effect?

 

On 1 March 2007, the Australian Citizenship Bill 2006 was passed by the Australian Parliament. The new legislation will commence on 1 July 2007.

 

Sam xx:wubclub:

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Guest Debs64

Another extract from the same page copied below - I take this to mean that validating the visa BEFORE the 1st July means the old resident requirements will apply, so perhaps it isn't essential to be there actually ON the 1st July??

Will they affect current permanent residents?

 

The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation.

 

What I need now is a clear understanding of what the disadvantages are of waiting four years for citizenship if I can't manage to get three of us out to Oz in the next few weeks. My brain really aches with all this!

 

Debs :unsure:

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