Australian citizenship residence calculation - Please clarify (especially OzBound - Page 2

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Australian citizenship residence calculation - Please clarify (especially OzBound - Page 2


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  #11 (permalink)  
Old 7th January 2017, 01:00 AM
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Quote:
Originally Posted by ozbound12 View Post
I was responding specifically to that poster's situation if you read my post carefully. Their situation was not the same as yours.


Hi Ozbound,

I read that post again and am not able to understand the difference.

It looks like he (tomato_juice) should be eligible for in Jan 2019 correct ? But in that thread you have mentioned different.

I am confused.

If his lodgement date is 15 Jan 2019, and you subtract 4 years - that would 15 Jan 2015 (I am using very slightly different dates than he mentioned in that post for simplicity). Has he spent more than 3 years in Au from 15 Jan 2015 to 15 Jan 2019 - the answer is yes. So he should be eligible in Jan 2019 itself correct ? I do not understand.

In the example I have given, out of Au spent is more than 1 year. Same scenario correct ? Enter Au on a particular date - then spent outside Au for more than 1 year - and then returned to Au permanently. This scenario the first year spent outside Au is still being considered for the 4 year requirement - albeit as being spent outside of Au - still within the requirement.

Please do clarify in a bit more detail what the difference between two scenarios !

Thank you

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Old 7th January 2017, 01:47 AM
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He was away from Australia from the 6 Jan 2015 to the 9 Jan 2016, that's more than one year.

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Old 7th January 2017, 01:49 AM
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Quote:
Originally Posted by elemental View Post
Hi Ozbound,

It looks like he (tomato_juice) should be eligible for in Jan 2019 correct ? But in that thread you have mentioned different.

I am confused.

If his lodgement date is 15 Jan 2019, and you subtract 4 years - that would 15 Jan 2015 (I am using very slightly different dates than he mentioned in that post for simplicity). Has he spent more than 3 years in Au from 15 Jan 2015 to 15 Jan 2019 - the answer is yes. So he should be eligible in Jan 2019 itself correct ? I do not understand.

Thank you
elemental - your calculation is correct.

Quote:
Originally Posted by ozbound12 View Post
He was away from Australia from the 6 Jan 2015 to the 9 Jan 2016, that's more than one year.
ozbound12 - this is what is leading you astray a bit!

The greater-than-one-year period doesn't reset the clock fully, which is where you're going wrong - up to one year of that period can be used to make up the 4 year waiting period IF the applicant has legal residence in Australia at that time.

So...the way to look at it is,

Step 1: Was my PR activated (my date of actual initial residence) at least 4 years before my proposed application date. If yes:

Step 2: On what date do I have 3 years actual residence in Australia (plus one year away)? If we assume there are no gaps in the period since the applicant returned to Australia after his absence, and the lodgement date, counting back three years is easy.

We know that he has legal residence status for more than 1 year before that, as his PR activation date is more than/at least 4 years before his application date.

So, even though he was away for more than 1 year, we can still use up to 1 year of of that away period to include in the 4 year qualifying period.

Knowing that, we can either use the calculator, or work it out manually.

Doing it manually is simple. We know he returned on 9 Jan 2016. We know we can start the 4 year period a year before that date, as he had lawful residence for that whole period.

So we simply say, when is 4 years from 9 Jan 2015? The answer is 8 Jan 2019 - this is the earliest date he can apply, and this is confirmed by the calculator.
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Last edited by kaju; 7th January 2017 at 02:15 AM.
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  #14 (permalink)  
Old 7th January 2017, 06:25 AM
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Quote:
Originally Posted by kaju View Post
So we simply say, when is 4 years from 9 Jan 2015? The answer is 8 Jan 2019 - this is the earliest date he can apply, and this is confirmed by the calculator.
Thanks for the clarification, although it seems that the calculator is probably the best source of information for this rather than the forum.
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Old 9th May 2017, 11:40 AM
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BH

I can't find the web page of the ( Residence-Calculator) working any more !!
do anyone have the new URL ?

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Old 10th May 2017, 09:30 AM
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Quote:
Originally Posted by Bhajjaji View Post
BH

I can't find the web page of the ( Residence-Calculator) working any more !!
do anyone have the new URL ?
They took down the calculator presumably because of the proposed changes to the residency requirements for citizenship. If enacted (which they probably will be), the calculator will need to be updated to reflect the changes.
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Old 19th October 2017, 10:26 AM
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Hi guys,

I have a query. I received my PR back in 2013 and made my first entry into Australia on 6th Feb 2014. Since then I have been living here and have been absent from Australia as follows:

25 May 2014 to 29 July 2014
09 Aug 2015 to 08 Apr 2016
26 Aug 2016 to 08 Sep 2016
04 Feb 2017 to 26 Feb 2017
25 Aug 2017 to 16 Oct 2017

Now the residency calculator was removed from the DIBP website so I calculated my residency requirements the old fashion way and as per my calculations, I was eligible to apply for citizenship by 19 March 2018.
But now that the residency calculator is back, I checked again and it says that I can't apply for citizenship before 10 June 2018.
Totally confused Any suggestions?

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Old 19th October 2017, 10:26 PM
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Quote:
Originally Posted by ChrisJAnderson View Post
Hi guys,

I have a query. I received my PR back in 2013 and made my first entry into Australia on 6th Feb 2014. Since then I have been living here and have been absent from Australia as follows:

25 May 2014 to 29 July 2014
09 Aug 2015 to 08 Apr 2016
26 Aug 2016 to 08 Sep 2016
04 Feb 2017 to 26 Feb 2017
25 Aug 2017 to 16 Oct 2017

Now the residency calculator was removed from the DIBP website so I calculated my residency requirements the old fashion way and as per my calculations, I was eligible to apply for citizenship by 19 March 2018.
But now that the residency calculator is back, I checked again and it says that I can't apply for citizenship before 10 June 2018.
Totally confused Any suggestions?
I tried it on the website and I think it gave me 19 June 2018. I believe it is correct. You've stayed a total of 395 days outside Australia since making your initial entry. In the year just before you intend to apply, you've stayed 74 days outside, so you are okay there however you need to look back 4 years into the past from your intended date of application. If you consider 19 March, 2018, 4 years into the past would be 19 March, 2014. You would be outside the country for 395 days (> 1 year) at that time hence you need to move forward a little towards your first travel (25 May 2014 to 29 July 2014) to get credit for the 30 days you are off by. You get credit for those 30 days around 19th June 2018 (look 4 years into the past from this date).

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Old 20th October 2017, 03:04 AM
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Quote:
Originally Posted by rahulreshu View Post
I tried it on the website and I think it gave me 19 June 2018. I believe it is correct. You've stayed a total of 395 days outside Australia since making your initial entry. In the year just before you intend to apply, you've stayed 74 days outside, so you are okay there however you need to look back 4 years into the past from your intended date of application. If you consider 19 March, 2018, 4 years into the past would be 19 March, 2014. You would be outside the country for 395 days (> 1 year) at that time hence you need to move forward a little towards your first travel (25 May 2014 to 29 July 2014) to get credit for the 30 days you are off by. You get credit for those 30 days around 19th June 2018 (look 4 years into the past from this date).
Thanks a lot for the reply mate. So if I understand this correctly, to offset the 30 days, I have to wait additionally 90 days I would never have overstayed if the calculator was available as I thought I might have to wait an additional 30-40 days only

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Old 20th October 2017, 03:27 AM
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Yes, you are kind of lucky though that you took that trip that early after your arrival. Imagine if you hadn't taken it at that time and took those additional 65 days during your "09 Aug 2015 to 08 Apr 2016" trip. You'd then have to wait even longer (more than a year from your expected date of lodgement).

Just remember, the general rule is:

From the expected date of lodgement (i.e. the date you intend to apply for citizenship),

1) Count back 1 year. Have you stayed more than 90 days out of Australia during that time?
2) Count back 4 years. have you stayed for more than ~365 days out of Australia during that time?

If you answer yes to any of the above 2 questions, you can't lodge your application on that date.

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