special residency consideration for citizenship

[Guest OZSEEKER]

Hi Folks,

 

Just would like to know the criteria of special residency under latest revised citizenship Act, being in overseas with a trade and business ties with australia ( australian registered firm with a branch in overseas) and contributing to the australian economy by engaging in export services, does this meets the purpose in applying citizenship after 2 years of overseas stay ( lets assume PR issued in year 2009) under special residency rules as per latest rules as shown on DIAC website.

[Guest Gollywobbler]

Hi Folks,

 

Just would like to know the criteria of special residency under latest revised citizenship Act, being in overseas with a trade and business ties with australia ( australian registered firm with a branch in overseas) and contributing to the australian economy by engaging in export services, does this meets the purpose in applying citizenship after 2 years of overseas stay ( lets assume PR issued in year 2009) under special residency rules as per latest rules as shown on DIAC website.

 

Hi Ozseeker

 

I don't understand your question.

 

Were you granted a Permanent Residency visa in 2009 or weren't you? What is the subclass number for the visa that you obtained?

 

Every Permanent Resident of Oz has a right to apply to become a Citizen of Oz once you have spent enough time with your feet on Australian soil. If you spend 6 months of each year outside Australia then it will take longer for you to get Citizenship than if you spend 12 months of each year in Australia.

 

There are no Citizenship rules on the Immigration part of the DIAC website Department of Immigration & Citizenship). There is a separate Citizenship website which is Australian Citizenship – Becoming an Australian Citizen

 

Could you please post the link to the section of the citizenship website that is puzzling you and we can then take it from there?

 

Many thanks

 

Cheers

 

Gill

[Ozmaniac]

The normal residence requirement before you become eligible to apply for Australian citizenship is that you must have lived in Australia for at least 4 years including at least 1 year as a PR. During the 4 years, you must have been absent for no longer than 1 year including no more than 90 days in the 12 months immediately before applying.

 

You are exempt from the residence requirement if you:

 

• have served 90 days in the permanent forces of the Commonwealth of Australia, or
  
• have served 6 months (130 full attendance days) in the navy, army or air force reserve of the Commonwealth of Australia, or
  
• were discharged from defence service as medically unfit for service as a result of that service.
  

 

The Minister has discretionary powers to vary the residence requirement in the following circumstances, 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 apply.

 

1. If you were in Australia unlawfully as the result of an administrative error, then that period of time may be treated as lawful residence.
   
2. If you were in Australia lawfully but not as a permanent resident as the result of an administrative error, then that period of time may be treated as a period of permanent residence.
   
3. If you were in Australia lawfully, but not as a permanent resident, then that period of time may be treated as a period of permanent residence if you would otherwise suffer significant hardship or disadvantage.
   
4. If you were in prison or a psychiatric institution, then that period of time may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances that led to your confinement.
   
5. If you have spent time outside Australia as a permanent resident with your spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
   
6. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
   

 

There is also a Special Residence Requirement:

If you are seeking to engage in activities that are supported by particular organisations, such as the Australian Olympic and Paralympics committees, Tennis Australia or a federal government agency, the following special residence requirement may apply to you.

Requirement: You must have been living in Australia as a permanent resident for a total of 6 months (180 days) during the 2 years before you apply, with at least 3 months (90 days) of that time in the year immediately before your application.

 

Australian Citizenship – Variation to the residence requirement

 

From what you've written, it doesn't look like you would be eligible for any of the possible exemptions or variations unless your sopouse or partner is an Australian citizen (5. and 6. above).

[Guest OZSEEKER]

Thanks for clarification. Austrade is a federal agency unit and being engaged in export services, i may be elgible under this option to apply within 2 years, under special residency exemptions. Please advise.

 

Cheers

[Guest OZSEEKER]

Hi Gill,

 

Appreciate your reply, yes PR is been granted last year with subclass 175.

 

Cheers!

[Guest amitb]

 

Every Permanent Resident of Oz has a right to apply to become a Citizen of Oz once you have spent enough time with your feet on Australian soil. If you spend 6 months of each year outside Australia then it will take longer for you to get Citizenship than if you spend 12 months of each year in Australia.

 

Gill

 

Can you explain the statement “If you spend 6 months of each year outside Australia then it will take longer for you to get Citizenship than if you spend 12 months of each year in Australia.”

Why such a question?

I have a 175 visa since March 2010. I have been in and out of the country for the past 6 years and would like to apply for citizenship in March 2011. In the last 4 years I have been out of the country for long durations. However, I have not been out of the country for a continuous one year stretch ( always been out for smaller durations). However, the cumulative time spend outside the country till now (since the last 4 years) is greater than 365 days.

This is more like the scenario of being out of the country for 6 months every year (years 1 to 3) and being in the country for the final year.

Can I apply for citizenship in March 2011 (I wont be out of the country for more than 90 days)?

Thanks in advance

[Ozmaniac]

However, the cumulative time spend outside the country till now (since the last 4 years) is greater than 365 days.

 

Can I apply for citizenship in March 2011 (I wont be out of the country for more than 90 days)?

Thanks in advance

 

You can only apply for citizenship if you haven't been outside the country for more than 1 year IN TOTAL in the 4 years before applying AND if you haven't been away for more than 90 days in the year immediately before applying.

 

If you've been outside Australia for more than 365 days in total between March 2007 and March 2011, you won't be able to apply for citizenship at that time. It doesn't matter how many trips there were or how long you were away each time - it's the total number of days that counts. You will have to wait until you have a 4 year period where you've been away for less than 365 days in total - and of course, no more than 90 of those days can be in the last of those 4 years.

[Guest amitb]

You can only apply for citizenship if you haven't been outside the country for more than 1 year IN TOTAL in the 4 years before applying AND if you haven't been away for more than 90 days in the year immediately before applying.

 

If you've been outside Australia for more than 365 days in total between March 2007 and March 2011, you won't be able to apply for citizenship at that time. It doesn't matter how many trips there were or how long you were away each time - it's the total number of days that counts. You will have to wait until you have a 4 year period where you've been away for less than 365 days in total - and of course, no more than 90 of those days can be in the last of those 4 years.

 

thank you Ozmaniac..

 

I guess it going to be a long and painful wait for me :sad:.

Ive been in austaralia for ages... but have had a massive break just last year( almost 10 month break) and have to travel again in future...

what was i thinking?

[Fernando]

Hi Ozmaniac or anyone who has faced a similar issue,

 

I have been in Australia since March 2008 and in 2010 I was on a student visa when I applied for the Bridging Visa A (BVA). It was stated in the conditions of the bridging visa that it would not come into effect until my student visa expired. Therefore, I planned a trip to visit my family overseas, and came back. A few days later I found out I had lost my bridging visa A because I should have applied for a Bridging Visa B, even though it was behing my current student visa. I then went to the immigration and got it all sorted in a matter of minutes. The officer who assisted me said it was a normal thing to happen.

 

Today I went to apply for my citizenship and was told that I couldn't as I don't satisty the residence requirements because that period (between my student visa expired and I didn't have any bridging visa A behind - total of 13 days) I became unlawful and the 4 years will start to count from 2010 now, and not 2008.

 

Are you guys aware of similar cases and what I can do about it please?????

 

Thank you very much

 

Fernando

[CaptainR]

I'm also interested in the Special Residency requirements and whether anyone has successfully managed to use them. My occupation 'ships crew/offshore installations' allows for time outside of the country count towards citizenship, so it will be interesting to what sort of problems people face obtaining this dispensation.