# Citizenship Changes for partner Visa Applicants



## JandE (Jul 17, 2015)

The change.org group have emailed people again advising them to send submissions against the 4 year residency requirement to the correct email address.

This is:
[email protected]

I would like to suggest a simple question to DIBP.



> A person on a temporary work visa, or temporary student visa or temporary visitor visa, who makes a decision to apply for Permanent Residency, is eligible for Citizenship *FOUR *years after that Visa is granted.
> 
> A partner of an Australian Citizen, who makes a decision to apply for Permanent Residency, must apply for the 820/801 Visa route and is eligible for Citizenship *SEVEN* years after the first part of that Visa is granted.
> 
> ...


Even if you have already sent one in, maybe another (from partners email address), even a direct copy of the above, might just get the right people thinking.

Maybe even add a link to this thread, so they can see why they are getting the same email from everyone.


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## JandE (Jul 17, 2015)

I also did a copy to the Immigration Minister at [email protected]


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## Liiza (Apr 14, 2017)

Thanks for the info J and E.
Can you direct me on what I need to do please. I'd like to help in anyway I can.


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## JandE (Jul 17, 2015)

Liiza said:


> Thanks for the info J and E.
> Can you direct me on what I need to do please. I'd like to help in anyway I can.


The bit inside the blockquote that I did, can be copied and pasted into your own emails to [email protected] and [email protected]

That's the easy way, unless you want to word something yourself.


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## Skybluebrewer (Jan 15, 2016)

Shouldn't the long wait times from eligibility be given a mention as well? Realistically it could take 8 or 9 years. Something along the lines of "best case" being a timeline of visas granted when eligible and "worst case" being a more realistic timeline based on actual wait times.


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## merve (Apr 18, 2017)

So what about 309/100 ?


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## JandE (Jul 17, 2015)

Skybluebrewer said:


> Shouldn't the long wait times from eligibility be given a mention as well? Realistically it could take 8 or 9 years. Something along the lines of "best case" being a timeline of visas granted when eligible and "worst case" being a more realistic timeline based on actual wait times.


I am thinking along the lines of just making sure they are aware that Partner Visa applicants are just substantially longer than normal PR visa applicants, without going into to much detail.

Keeping it simple for them may be a better option.

But it can of course, be expanded on by those who can phrase the words for best effect, for when being read by those in power of change.


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## JandE (Jul 17, 2015)

merve said:


> So what about 309/100 ?


Change the 820/801 to 309/100.

I've used 820 route as that is what we used, and it applies to people already in Australia, some maybe for some time before.

The 309 may be a different timeline, due to the wait before actually arriving in Australia.


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## Mish (Jan 13, 2013)

I would also insert something about the long waiting times and even insert the processing times or screen shot the waiting times. I would mention how USA when the stage 1 is granted is classed as a permanent visa.

I would also be emailing Bill Shorten along with the independent senators too as most likely the independent senators will be the deciding vote especially Jackie, Darren etc.


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## Mish (Jan 13, 2013)

Here is a Facebook group for saying no to the 4 years PR for those that are interested: https://www.facebook.com/groups/1000834103380575/


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## Mish (Jan 13, 2013)

JandE - I was using some of your information for my response to DIBP and found an error with the skilled visa timeline. The citizenship count starts from when they enter Australia:



> If you were granted a permanent resident visa before you arrived in Australia, your permanent residence date is the date that you arrived in Australia on that visa.


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## JandE (Jul 17, 2015)

Mish said:


> JandE - I was using some of your information for my response to DIBP and found an error with the skilled visa timeline. The citizenship count starts from when they enter Australia:


They will probably assume most people move immediately they get the PR grant. However, there are some who wait years after the grant, although they do that by choice. 
An 820 visa applicant is already here and to stay for that time.


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## Rimmel (Jan 25, 2015)

Hello everyone,

I emailed to Immigration, MP's etc. I am hoping, we will make a difference, and the new rules will not apply to us. 

I am wondering if the new rules pass, can we challenge them in The Supreme Court of Victoria? 

I am living in Melbourne for seven years, and I logged my visa 820/801 nearly 14 months ago.


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## JandE (Jul 17, 2015)

Rimmel said:


> Hello everyone,
> 
> I emailed to Immigration, MP's etc. I am hoping, we will make a difference, and the new rules will not apply to us.
> 
> ...


The Supreme Court of Victoria will only deal with Victoria issues, I think. It would need to be the High Court of Australia.

But then you need specific legal grounds for that.

This legislation is designed specifically to stop people on temporary visas from using that time as time waitng for citizenship.

I feel it would need to be proved that a person on a temporary visa had full intention to be permanent in Australia.

That would be hard for Visitor and Student visa holders, and maybe even 457 holders.

But it might apply to 309/100 and 820/801 visa holders, and maybe even 300, based on this route being clearly for Permanent visa intention from the date we paid for the Permanent Visa application.

Maybe a loophole can be found for this.

If Peter Dutton could simply change the name of the 309 and 820 to Provisional Permanent Visa, i feel that should do.


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## Mish (Jan 13, 2013)

I think you need also email the independents, I think they will be the deciders in all of this when it is voted.

I would be surprised if someone could take the Australian Government to court for changing the legislation, after all they are in charge of the legislation. Even if they could it would cost a lot of $$.


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## JandE (Jul 17, 2015)

Mish said:


> I think you need also email the independents, I think they will be the deciders in all of this when it is voted.
> 
> I would be surprised if someone could take the Australian Government to court for changing the legislation, after all they are in charge of the legislation. Even if they could it would cost a lot of $$.


Good point about the cost, especially as *most* people are not financially affected by the change anyway. Few would probably wish to pay to try to fight the change.


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## Mish (Jan 13, 2013)

JandE said:


> Good point about the cost, especially as *most* people are not financially affected by the change anyway. Few would probably wish to pay to try to fight the change.


For us the only $$ affect is that when we go to Europe we will need to pay to go to Sydney to apply for a visa for hubby as here there are only 2 European embassies in Brisbane.


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## faith555 (Mar 19, 2014)

Mish said:


> For us the only $$ affect is that when we go to Europe we will need to pay to go to Sydney to apply for a visa for hubby as here there are only 2 European embassies in Brisbane.


Is that means that every one who came here as spouse have to wait for 7 years ( from the date of the grant of the first stage!!!)


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## Mish (Jan 13, 2013)

faith555 said:


> Is that means that every one who came here as spouse have to wait for 7 years ( from the date of the grant of the first stage!!!)


Everyone's situation is different it all depends on when the PR is granted then it is 4 years from that date (provided the change goes through).

Someone who came on a 309 will be in Australia less time than someone who applied for an 820 before they can apply for citizenship under the new rules.


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