Question of the Week
How long do I have to wait to apply for Citizenship in Australia?
Category: Visa for Australia
Question asked
Hi,
I have two questions:
- I received my permanent visa in October 2023 and I've been in Australia for 4 years in total. I was going to apply for my for my citizenship in 1 year but I've realised that during last 4 years I've been outside Australia for more than 12 months due to family issues (my parents separated/they sold and bought a new house and they needed my help/my mother passed away). Is there any way to still apply for Australian Citizenship if I can demonstrate that I've been away for serious reasons? If so, how much would cost me the procedure?
- I know that with my Permanent Visa I have to be in Australia for 3 years on 5 years time (only 2 years outside Australia). Do these 5 years start counting from the date of my granted permanent visa? What happens if unfortunately for family issues I'll have to be outside Australia more then 2 years? Am I going to loose my Permanent Visa? Is there any way to get it back eventually?
Thank you
Answer provided by Migration Agent
Dear E.
I have gone through your profile mentioned above and I pay my heartfelt condolences for your loss .
Beside, when it comes to have the exemptions in residency requirements , there are 6 provisions which I am mentioning for you below where you have to seek for a ministerial discretion and approval on the matter -
Exemptions to residence requirement
The Minister/Minister’s team has the discretionary power to allow for exemptions to the General residence requirement, if you will be in Australia at the time your application is decided. If you are outside of Australia at the time your application is decided, then your application can only be approved if the discretionary power is applied in your favour under items 5 or 6 below:
1. If you had any unlawfully period in Australia (i.e. you did not hold any visa) as the result of a government administrative error, then that period of time may be treated as lawful time and residence in Australia.
2. If you were in Australia lawfully, but not as a permanent residency visa holder, as the result of a government administrative error, then that period of time may be treated as time in Australia as a permanent resident.
3. If you were in Australia lawfully, but not as a permanent residency visa holder, then that period of time may be treated as time in Australia as a permanent resident if you demonstrate that you would 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. While you are lived outside of Australia as a permanent residency visa holder, you have lived with your Australian citizen spouse or partner, or you are the surviving spouse or partner of an Australian citizen. You also need to demonstrate that you have a close and continuing association with Australia during this period that you have lived outside of Australia (generally speaking, you demonstrating close and continuing association with Australia will require you to demonstrate ties and associations with Australia that are beyond just your relationship with your Australian citizen spouse or partner)
6. While you are lived outside of Australia as a permanent residency visa holder, you have lived with your Australian citizen partner in an interdependent relationship. You also need to demonstrate that you have a close and continuing association with Australia during this period that you have lived outside of Australia (generally speaking, you demonstrating close and continuing association with Australia will require you to demonstrate ties and associations with Australia that are beyond just your relationship with your Australian citizen interdependent partner)
So as you could see that you may be eligible for an exemption by the Minister as long as you can prove that your circumstances were exceptional.
Yes , your residency starts from the day the PR has granted.
Here is a link to calculate your residency - https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator
No , you may still be able to get a RRV (Resident Return Visa -155/157)
---- Clarification Request ---------
Dear Migration Agent,
Thank you for your reply.
It's still not clear so I'll ask you some clarifications as I need to understand a date when I'll be able to apply for my Citizenship and If I need a migration agent to provide documentation about all the issues that I had:
- 6 items that you mentioned will be taken in consideration only if I'll be outside Australia after my Citizenship application. Correct?
- My question is: when I'll be able to apply for my Citizenship, if I consider that I arrived in Australia with a Working Holiday Visa in April 2019 (5 years ago) but in the last 4 years I've been outside Australia 17 months in total? (14 in a row last year and 3 months during 2022). I know that I'm not able to apply if I have been outside Australia more than 12 months during the 4 years before. Can I still apply if I can demonstrate my parents separated/we sold and bought a new house and they needed my help/my mother passed away? Are these good reasons to still apply for a Citizenship?
- I know that another limit for the citizen application is:" the year before the citizenship application, I should not be outside Australia more than 3 months". If we consider that I came back on June 9th 2024, will I be able to apply for my Citizenship in March 2025, If I won't leave Australia for even a day? (After 9 months as I consider 3 months abroad)?
- How can I demonstrating close and continuing association with Australia? How can I demonstrate ties and associations with Australia that are beyond just your relationship with your Australian citizen spouse or partner? House property? Continuing job with Australian firm? I'm asking in case I'll be forced to be outside Australia after my citizenship application. What if my partner won't be with me for work reasons but I'll still own a house or I'll still have a continuing job with Australia? He wasn't with me this whole time as he had to work in Australia.
- When I apply for my Citizenship, do I still have to demonstrate relationship with my Australian citizen spouse or partner, even if I won't be outside Australia, because I was on a Partnership Visa before?
--------- Clarification provided by Migration Agent -------------
Sure, I'll address each of your questions point by point:
1. Consideration of the 6 items if outside Australia after Citizenship application
- Yes, the six items regarding demonstrating ties and associations with Australia are considered primarily if you are outside Australia after you have submitted your Citizenship application. These factors help to show that you still have a strong connection to Australia despite being overseas.
2. Eligibility for Citizenship application considering time outside Australia
- Since you arrived in Australia in April 2019 and have been outside Australia for a total of 17 months in the last 4 years (including 14 consecutive months last year and 3 months during 2022), you may face challenges.
- To be eligible, you must not have been outside Australia for more than 12 months in the 4 years before your application, and not more than 3 months in the year before applying.
- Exceptional circumstances (such as family issues) may be considered on a case-by-case basis. However, proving these as valid reasons for your extended absence will require substantial evidence and is subject to the discretion of the Department of Home Affairs.
3. Eligibility to apply in March 2025
- If you returned to Australia on June 9, 2024, and do not leave the country at all, you would not exceed the 3-month absence limit in the 12 months before applying.
- Therefore, you would be eligible to apply for Citizenship in March 2025, assuming you meet all other requirements and do not leave Australia during this period.
4. Demonstrating close and continuing association with Australia
- To demonstrate close and continuing association with Australia, you can use:
- Ownership of property in Australia.
- Continuous employment with an Australian company.
- Membership in Australian community organizations or clubs.
- Having children enrolled in Australian schools.
- Evidence of your participation in community or volunteer work in Australia.
- If you are outside Australia after your application, these factors help show your intent to maintain a lasting connection to Australia, even if your partner is not with you due to work.
5. Requirement to demonstrate relationship with Australian citizen spouse or partner
- When applying for Citizenship, if you were on a Partnership Visa, you typically need to demonstrate the ongoing nature of your relationship with your Australian citizen spouse or partner.
- If you are not leaving Australia after your application, the focus will be on your continuous residence and fulfillment of residency requirements rather than proving the relationship. However, if your application depends on the partnership visa status, maintaining evidence of your relationship could still be relevant.
Each case can be unique, and specific advice and expertise is needed. I have given the answers to all your queries and would like to say that if you need further advice on the matter, there would be consultation charges applied other that what you have offered above.
Let me know if you have further questions.
Migration Agent
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