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Guest yacare

For Citizen residence requirement

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Guest yacare

I have used the calculator on the webpage, the result said I met the requirement, However,I am woundering one circumstance, which shows in bold below:

 

If any of the following applied to you in the past 4 years, please telephone our service centre on 131 880 during business hours to discuss your circumstances.

 

You obtained an e-visa to replace an expired RRV

You obtained a bridging visa of any type

You lodged an onshore application for a permanent visa then travelled overseas on your temporary visa

You are a New Zealand citizen on a Special Category Visa (SCV)

 

After I lodged onshore, my student visa did not expired, so I went to oversea for 3 weeks- I came back before my visa expired.

 

I called the Immi, someone said because I went to overseas, so my previouse residence became unlawful, i need to stay longer, Is that true, I am really comfused.

 

Thanks for your answer.

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Guest kirill

I'm in a similar situatuon, can anyone confirm how does leaving Australia on a temporary visa while waiting for onshore PR affect citizenship prospects? THank you.

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I have used the calculator on the webpage, the result said I met the requirement, However,I am woundering one circumstance, which shows in bold below:

 

If any of the following applied to you in the past 4 years, please telephone our service centre on 131 880 during business hours to discuss your circumstances.

 

You obtained an e-visa to replace an expired RRV

You obtained a bridging visa of any type

You lodged an onshore application for a permanent visa then travelled overseas on your temporary visa

You are a New Zealand citizen on a Special Category Visa (SCV)

 

After I lodged onshore, my student visa did not expired, so I went to oversea for 3 weeks- I came back before my visa expired.

 

I called the Immi, someone said because I went to overseas, so my previouse residence became unlawful, i need to stay longer, Is that true, I am really comfused.

 

Thanks for your answer.

 

I am in similar situation, so after you came back while traveling on Student Visa, did you reinstate Bridging Visa A (BVA) which was given to you PR application? It works like that, even if your Student Visa was not expired, you had to refresh your BVA after you came back. Once you left Australia, your BVA expired also. Unless you did the step, you became unlawful once your Student Visa expired. How long did it take to get you PR after your Student Visa expired?

 

I am a bit worried that my travelling on Bridging Visa B (BVB) might be counted as not hodling any visa, but I according to the law, one has to be lawfully in Australia for 3 years as any kind of resident with 9 months maximum absence and 1 year as PR with max 90 days absence. Just wondering it travelling on BVB may anyhow stop you from being lawful.

 

I think your problem might be that you did not refresh BVA on your PR after you travelled on Student visa. May that be your case?

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I'd ring them again to clarify.

 

Bridging visa A only kicks in once your existing visa (student visa in your case) finishes. So long as your student visa allowed multiple entries I'd think you were travelling on the student visa.

 

Give DIAC a call or email to clarify which visa you travelled on and see what they say.

 

Cheers


Jo (Aussie), Jon (Pom on a 100 visa), Satch (the gorgeous viscous labrador) have now been joined by Siena Rose.

Does anyone have a spare instruction manual for a baby girl?

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I called the Immigration and found out, that BVA and BVB is fine for lawful residence.

 

yacare, you may be in similar scenario as following, I make an example:

 

1. you came to Australia studying on 1 January 2007

2. you were studying having Student Visa all the time an you graduated say 30 November 2009

3. you applied for PR on on 1 January 2010 and then travelled on your valid remaining Student Visa, which eventually expired say on 5 March 2010

4. You were granted PR on say 1 January 2011

5. You wanted to apply for Citizenship on 1 January 2012, hoping for satisfying residence requirement, what is not being absent for more than 9 months before you were granted PR and 90 days after PR

 

but what might have happened:

 

PR application automatically gives you a Bridging Visa A (BVA) once you applied onshore. This BVA would come into effect only after you other visa expired, in your case a Student Visa. However, BVA does not allow you to travel. Once you left the country even on valid Student Visa, your BVA was cancelled. Once you Student visa expired and you were onshore, there was no BVA from you PR application anymore and you became unlawful. Unless you reinstated (that is the term to refresh the BVA) while having valid Student visa.

 

This may be your case, I hope it is not. In case of being unlawful, you have a chance to apply for Bridging Visa E. In this case, you became lawful and can wait for you PR, but you don't satisfy the requirement of lawful residence anymore.

 

Hope this helped.

Cheeers

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Guest yacare

Hi guys, thx for ur help!

 

Here is my update for my case:

Yes! U need to refresh the BVA when u come back to Aus!

If not, your stay is unlawful!

I have 6 days unlawful , but I am lucky! I get my citizen application approved!

And I am waiting for the ceremony now!

 

I appointed a Lawer to deal with my application!

So I do not know how is my application passed and it took longer time to approve than the normal case!

 

Cheers

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@yacare..i have an enquiry for a friend who is applying for citizenship..he was in oz for 2 yrs on a student visa, then he applied for pr visa at the end of his his student visa and went onto bridging visa A for exactly 12months or 1 year before he was granted PR visa, now it has been 1 yr since he got his PR visa and in total he has stayed 4 yrs in australia, my question is will the 12 months he stayed on bridging visa A count towards 4 yrs citizenship residency requirement for lawfully residing in australia since its not a temporary or permanent visa??

And lastly can you share your timeline for citizenship application and which state u applied in. thanks in advance.

 

kind regards

Edited by sub7er

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Hi everyone, I am going to apply for citizenship in Dec this year, I did travel outside Australia while I was waiting for my PR granted, but I applied and got Bridging Visa B and returned in time. I wonder that I would get Bridging Visa A automatically when I get back to Aus or I had to apply for it. Thanks.

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@yacare..i have an enquiry for a friend who is applying for citizenship..he was in oz for 2 yrs on a student visa, then he applied for pr visa at the end of his his student visa and went onto bridging visa A for exactly 12months or 1 year before he was granted PR visa, now it has been 1 yr since he got his PR visa and in total he has stayed 4 yrs in australia, my question is will the 12 months he stayed on bridging visa A count towards 4 yrs citizenship residency requirement for lawfully residing in australia since its not a temporary or permanent visa??

And lastly can you share your timeline for citizenship application and which state u applied in. thanks in advance.

 

kind regards

 

yes, it does, bridging visa is a "visa", co is it permanent? if not, must be temporary then...

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Hi everyone, I am going to apply for citizenship in Dec this year, I did travel outside Australia while I was waiting for my PR granted, but I applied and got Bridging Visa B and returned in time. I wonder that I would get Bridging Visa A automatically when I get back to Aus or I had to apply for it. Thanks.

 

BVB replaces BVA once you get it, the only difference is that you can travel on them, once you return, it is basically same as BVA

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Guest yacare

Sorry for late replying, I was overseas for business trip. just come back. I think your friend is fine for the citizen application.i study in australia for 7years since high school, and I grab my PR within 2 months time after i graduated. (I travelled to overseas for 1 month and caused me some unlawful stay). Anyway, I applied citizenship 2weeks after i got my PR for 1 year. I just get my application approved and my ceremoney is on this saturday.

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Hi guys, thx for ur help!

 

Here is my update for my case:

Yes! U need to refresh the BVA when u come back to Aus!

If not, your stay is unlawful!

I have 6 days unlawful , but I am lucky! I get my citizen application approved!

And I am waiting for the ceremony now!

 

I appointed a Lawer to deal with my application!

So I do not know how is my application passed and it took longer time to approve than the normal case!

 

Cheers

 

Hi Ya care,

Congratulations and thanks for sharing your experience. I am in the same situation and has been declared unlawful for 2 days under the same circumstances as yours. can you please share which lawyer you have put your application through and how much they charged you?

 

Would really appreciate your help,

Thanks

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