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-   -   Citizenship application question (https://www.expatforum.com/expats/australia-expat-forum-expats-living-australia/161201-citizenship-application-question.html)

howa 1st July 2013 04:59 PM

Citizenship application question
Hello all,

Question about "not have absent for more than 12 months in 4 years period"
I was the student visa holder since 2004 until 2012, then decided to apply for the sponsorship visa. Luckily, I have granted PR on 7 Mar 2012.

However, due to the family matter, I have to go back to Taiwan on 10 Mar 2012. Unfortunately, I have not yet completed the 12 months compulsory military service, therefore, I have been forced to stay in Taiwan until I finished it before I can return to Australia.

Now I have finally finished the service, and will return to Aus on 3 July. So my total absent period is from 10 Mar 2012 - 3 July 2013 (total 16 months).

Before I left Australia, I pretty sure I met the "no more than 12 months absence in total in the 4 years prior the application". I even went to the Immigration Department to double check that I have satisfied this requirement before I left. All I have to do is to return to Aus and stay for 12 months before I apply the citizenship.

However, it doesn't seems right to me...after using the calculator it show I have to wait until July 2016!!!? Now it really got me worry....

Does anyone has any clue on this?
(Going to book an appointment with Immigration will be my first thing when I arrived tomorrow...)

Sunlight11 1st July 2013 05:13 PM

If i undrstood your situation correctly, and AFAIK, Citizenship application can be lodged after 4/5 years stay as PR... not just after 1/2 years. As you are given PR on 2012, you are suppose to stay as PR for 4 years if the condition says so.

In that case, if you crossed the max 12 months limit of that 48 months ... my guess would be, they may ask you some other requirements to fulfill or may simply say wait for 6/7 more months after your 4 year ends in 2016.

howa 1st July 2013 05:29 PM

Thanks for the quick reply.

My application of citizenship will be form 1300t.
Here's the requirement:
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.

My visa history
2004 - 2013 Student Visa, didn't leave Aus more than 12 mths. (Met the first part, 4 yr requirement)
07 Mar 2013 Granted PR
10 Mar 2013 - 3 July 2013 Back in Taiwan, finish the military service.
3 July 2013 Back to Aus.

Does this means that I'm screwed, because I have been absent from Australia for more than 12 mths, and have to wait until 2016 for the citizenship....?

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