# Australian citizenship eligibility



## angorwat (May 12, 2011)

Hi,

Can someone please clarify my queries.

I am skilled independent PR (visa 175) living in Sydney for last 3 years. My PR visa is going to expire on Nov-16 and planning to renewal it. 

Can i apply citizenship during Nov-16 rather than renewing the PR I understand four years eligibility come around April-17. As i don't want to pay fees twice.

My visa and stay details

1. Jul 2010 - Nov 2011 in 457 visa
2. PR (offshore visa 175 ) approved and Initial entry completed on Nov-11 and left AU on Dec-11
3. Outside Australia between Dec-11 and April-2013
4. Came back to AU on April-2013 and living until now...

I am short of this four years by few months, does it impact my application ?


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## CCMS (Oct 10, 2013)

You only need to " renew" your current visa, if you want to travel overseas after the travel facility expires. The visa itself does not expire. 

You need to meet all the residency requirements, before you can apply for citizenship.


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## Maggie-May24 (Jul 24, 2011)

I think you may be eligible for citizenship now. As per the residency requirements:

"The residence requirement is based on the time you have lived in Australia and the time you have spent outside Australia.
You must:

have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident, and
not have been absent from Australia for more than one year in total, in the 4 year period, including no more than 90 days in the year before applying."

If you count back 4 years from April 2016, you've held a valid visa for 4 years including 12 months as a PR. You've also only been absent for 1 of those 4 years (Apr 2012-Apr 2013).

DIBP has a residency requirement calculator on their website that may help confirm this: Application process for Australian citizenship


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## angorwat (May 12, 2011)

Thanks Maggie, I am bit confused with “not have been absent from Australia for more than one year in total”.
In my case I have been absent for 15 months (Dec-11 to Apr-13)in the last four years, how does it counts ? I am concerned about this 15 months absence. I checked in the residence calculator it says I am eligible.
But want to be more clear before applying. 

Also in residence calculator it have “lawful resident date” and “permanent resident date”. What is the difference ?

My PR approved on 01NOV2011 while I was in Sydney on 457 visa then I went to NZ and flew back to Sydney on 05NOV2011 to make initial entry.
In this case which is the lawful resident and permanent resident date ?


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## Eizzi (Feb 25, 2013)

angorwat said:


> Thanks Maggie, I am bit confused with "not have been absent from Australia for more than one year in total".
> In my case I have been absent for 15 months (Dec-11 to Apr-13)in the last four years, how does it counts ? I am concerned about this 15 months absence. I checked in the residence calculator it says I am eligible.
> But want to be more clear before applying.
> 
> ...


You _haven't_ been absent for 15 months in the last 4 years. As Maggie said, 4 years back from now is April 2012. Ignore any absences from Australia before then, they are irrelevant. In the last 4 years you have been out of Aus for 12 months (you will need to check the exact date in April 2013 though).

Sounds like your lawful residence date is July 2010 and your PR date is Nov 2011. It sounds like you are eligible now, or if not, in May 2016. If so, you'll need to have police checks done from any country you have been in for more than 90 days, since you were out of Australia for more than 1 year total while holding PR. This is a character/security thing - a different condition to the residency condition.


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## angorwat (May 12, 2011)

Thanks Eizzi, now it clear.

Also I called the citizenship representative to check my eligibility, they confirmed I will be eligible on 31st July 2016 to apply. Not sure how they calculated this date.


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## Eizzi (Feb 25, 2013)

angorwat said:


> Thanks Eizzi, now it clear.
> 
> Also I called the citizenship representative to check my eligibility, they confirmed I will be eligible on 31st July 2016 to apply. Not sure how they calculated this date.


You've definitely been in Aus the whole time between April 2013 and now? No holidays or anything overseas?

Otherwise, I don't know why they say end of July but that's not far away now, so sounds like you're all set.


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## angorwat (May 12, 2011)

Your are correct, i was on holiday twice (totally 10 weeks)
between Apr13 and now. These months could be consider. anyways i am happy with july no urgency 

Thanks Eizzi and all for the clarifications.


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## angorwat (May 12, 2011)

Deleted "


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## sunny87 (May 10, 2016)

*To know if I am eligible for australian citizenship*

Hello,

My name is Sunny. I am a permanent resident in Australia. I want to know if I am eligible for citizenship. These are my details -

I entered Australia as an international student on March 9, 2009 and stayed till May 22, 2011. I left for India on May 23, 2011. I applied for skilled temporary 476 visa and entered Australia on Feb 8, 2013. I got my PR on Apr 24, 2015 and I am continuing to live in Australia. In short,

Lawful residence date: Mar 9, 2009 (as a student)
PR date: Apr 24, 2015
Dates traveled outside Australia: May 23, 2011 to Feb 7, 2013

I know the residence requirement says I should not have been outside Australia for more than 12 months, which I have. But on entering these dates on residence calculator, it says I am eligible. So I am very confused.

I would be thankful to anyone who can help me with this confusion.

Thanks 
Sunny


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## JandE (Jul 17, 2015)

sunny87 said:


> I know the residence requirement says I should not have been outside Australia for more than 12 months, which I have. But on entering these dates on residence calculator, it says I am eligible. So I am very confused.
> 
> I would be thankful to anyone who can help me with this confusion.
> 
> ...


Relevant dates 11 May 2012 to.11 May 2016.

How long outside Australia during that period?


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## sunny87 (May 10, 2016)

JandE said:


> Relevant dates 11 May 2012 to.11 May 2016.
> 
> How long outside Australia during that period?


Hi

In the period of 11 May 2012 to 11 May 2016, I was outside Australia from 11 May 2012 to 7 Feb 2013. Would I be eligible then?

Sunny


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## JandE (Jul 17, 2015)

sunny87 said:


> Hi
> 
> In the period of 11 May 2012 to 11 May 2016, I was outside Australia from 11 May 2012 to 7 Feb 2013. Would I be eligible then?
> 
> Sunny


That's only 9 months outside Australia in the last 4 years.



> Australian Citizenship Act 2007 Residence Requirements
> To satisfy the residence requirements you must:
> _have been living in Australia on a valid Australian visa for four years immediately before applying which must include the last 12 months as a permanent resident,_
> and
> _*not have been absent from Australia for more than one year in total, in the 4 year period*, including no more than 90 days in the year immediately before applying_.


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## sunny87 (May 10, 2016)

JandE said:


> That's only 9 months outside Australia in the last 4 years.


Hi

That's true, but in the 4 year period I have been staying in Australia for 3 years and 3 months.


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## JandE (Jul 17, 2015)

sunny87 said:


> Hi
> 
> That's true, but in the 4 year period I have been staying in Australia for 3 years and 3 months.


I think I see the wording confusion: "_living in Australia on a valid Australian visa for four years immediately before applying_"

I feel that this means you must have had a suitable visa, that *allowed you to live in Australia* for those 4 years, ie: 11 May 2012 to 11 May 2016.
AND that you spent at least 3 of those years in Australia.

Did you have a Visa that allowed this ?

You do not need to renew a PR, if you do not plan to leave the country.

If you do need to, you then get a RRV (Resident Return visa)


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## sunny87 (May 10, 2016)

I was granted a skilled temporary visa 476 on Feb 1, 2013 and entered Australia on Feb 8, 2013. I did not hold a valid Australian visa from May 11, 2012 to Jan 31, 2013.


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## JandE (Jul 17, 2015)

OK, it seems like the 8th Feb 2017 will be your eligibility date, 4 years after visa activation. But I am not 100% sure of that, although it seems right.

But if you have no plans to leave country until after that date, then you don't need to do anything about getting an RRV. Just wait till you can get Citizenship.


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## rjais (May 26, 2017)

Hi,

I am in similar situation as you were few years back about Child Visa 101 and tourist visa. Wanted to know what did you did and do u faced any issues?

Thanks & Regards,
Rish


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