Citizenship clock to start over?

[Guest BenJay]

I am a permanent resident on visa 175. After almost 2 years in AU I left Adelaide this winter with my family because I got a very good 18 months IT contract in Poland. The problem now is that I've just realised I will be away from AU for more than 12 months and this will affect my citizenship waiting period.

In order to apply for the citizenship, you must not have been absent from Australia for more than 1 year during the 4 year period, including no more than 90 days in the year immediately before applying.

It seems that the only option I have is to come back to AU before 12 months period to meet the requirement but to leave my family behind for 6 months (!)

My question: does this really mean that when I return to AU after more than 12 months absence my 4 years 'citizenship' clock will start over again? Looks like yes. Maybe at least there is some way to 'apply' for a special consideration?

Or, if I come back to AU alone earlier, will my family at least get 'my citizenship waiting period' even if they stayed outside AU for more than 12 months?

Have you got any experience in this area? To me it looks like I will have to let the clock to be reset . Tough!

[jim and adel]

I'm no expert but I think the rest of your family will face the same requirement.

 

 

Jim

[Sallyh]

I guess there are good reasons for wanting people to live here 4 years before giving them a passport. I have realised after being here 4 years myself that actually it is a very good timeframe, and there are probably studies about the likelihood of people staying once they have been here that long.

[Guest AngPhil]

What about a holiday back to Australia to break it up, so you wouldn't have been out of the country for more than a year?

[Guest BenJay]

Well, it looks like there is either one thing or another.

If they require you to be present 4 years in AU before applying for citizenship so be it. @AngPhil: you can't reset the clock by coming for holiday - your absence sums up and cannot be longer than 1 year in total over the 4 years period.

My plan: I will enjoy Europe while I'm in Europe and will be happy to return 'home' when I am done with my contract. Thanks for replies and enjoy the summer. Say hello to West Beach for me!

[Guest lebour]

When you get back to Australia to live as long as you stay in Australia for 3 full years you would be eligible for citizenship again.

 

You can use the 12 months away from Australia at the start of the 4 year qualifying period, as even as you are not in Australia you last left Australia as a PR and this can be used in the qualifying period.

 

 

Also just going back to Australia to do the 6 months to get citizenship may not be a good idea, as after you apply for citizenship it can take a couple of months to get a test date and 6 months plus to get a citizenship ceremony in some councils. So you could be away for nearly a year.

Edited December 31, 2012 by lebour

[Guest BenJay]

Thanks for this hint. I did not realise that indeed between eligibility, test and ceremony there will be time gaps even 6 months long. Good to know.

 

Anyway, I am not worried about it any more because when I come back from the contract in Europe I will stay at least for 5 years due to my daughter's high school. So, as always patience and planning will be useful here.

[Guest LittleGreenMan]

Lebour is right, however it's important to note one thing: while you need to have been in the country for the last three years and you can fudge the fourth by using the time allowed outside the country, you must have still been to Australia even if only for half a day at the beginning of the first year.

[Guest lebour]

you must have still been to Australia even if only for half a day at the beginning of the first year.

 

The OP is a holder of a PR visa, and last left Australia as a PR, therefore still classed as a PR.

 

Also the qualifying 4 year period before applying for citizenship

 

Permanent resident (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:

(a) the person is present in Australia at that time and holds a permanent visa at that time; or

(b) both:

(i) the person is not present in Australia at that time and holds a permanent visa at that time; and

(ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia;

 

 

 

Overseas absences

(1A) If:

(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 12 months;

then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.

(1B) If:

(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 90 days; and

© the person was a permanent resident during each period of absence;

then, for the purposes of paragraph (1)©, the person is taken to have been present in Australia as a permanent resident during each period of absence.

 

Citizenship Act 2007

 

 

 

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

[Guest LittleGreenMan]

The OP is a holder of a PR visa, and last left Australia as a PR, therefore still classed as a PR.

 

Also the qualifying 4 year period before applying for citizenship

 

Permanent resident (1) For the purposes of this Act, a person is a permanent resident at a particular time if and only if:

(a) the person is present in Australia at that time and holds a permanent visa at that time; or

(b) both:

(i) the person is not present in Australia at that time and holds a permanent visa at that time; and

(ii) the person has previously been present in Australia and held a permanent visa immediately before last leaving Australia;

 

 

 

Overseas absences

(1A) If:

(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 12 months;

then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.

(1B) If:

(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and

(b) the total period of the absence or absences was not more than 90 days; and

© the person was a permanent resident during each period of absence;

then, for the purposes of paragraph (1)©, the person is taken to have been present in Australia as a permanent resident during each period of absence.

 

Citizenship Act 2007

 

 

 

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

 

Funny, I thought not being an ordinary resident at the start would mean otherwise. You're right though.