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Eligiblity for citizenship application

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1.8K views 15 replies 6 participants last post by  bghanim  
#1 ·
Hi,
I’m trying to figure out if I meet the residency requirements for Australian citizenship, and I’d appreciate your input. Here’s my situation:

  • Permanent Residence (PR) grant date: 11 September 2017.
  • First entry into Australia as a permanent resident: 30 March 2018 (stayed until 7 April 2018).
  • Absent from Australia: 7 April 2018 to 30 August 2022.
  • Returned to Australia: 31 August 2022 and have been living here since, except for a short trip from 15 September 2023 to 27 October 2023.
When I used the residency calculator, I have provided the details as per the below:
  • Permanent Residence Date: 11 September 2017
  • Lawful Residence Date: 30 March 2018
and listed down my stays out of the country:
  • 7 April 2018 to 30 August 2022
  • 15 Sep 2023 to 27 Oct 2023
Based on this, I'm getting the below output:
Reapply date is 8 Oct 2025.


My question - is the lawful residence date correct? is it the first entry made to the country 30 March 2018? or should it be the date that I came to live in Australia i.e. 31 August 2022? In other words, will I need to stay 4 years from the date I started living permanently in Australia 31 August 2022 or just just 3 years since I made my first entry back in 30 March 2018? The calculator suggests 3 years plus any short trips such as the one made in 2023 as per the input I provided.


Thanks in advance for your help!
 
#2 ·
Hi,
I’m trying to figure out if I meet the residency requirements for Australian citizenship, and I’d appreciate your input. Here’s my situation:

  • Permanent Residence (PR) grant date: 11 September 2017.
  • First entry into Australia as a permanent resident: 30 March 2018 (stayed until 7 April 2018).
  • Absent from Australia: 7 April 2018 to 30 August 2022.
  • Returned to Australia: 31 August 2022 and have been living here since, except for a short trip from 15 September 2023 to 27 October 2023.
When I used the residency calculator, I have provided the details as per the below:
  • Permanent Residence Date: 11 September 2017
  • Lawful Residence Date: 30 March 2018
and listed down my stays out of the country:
  • 7 April 2018 to 30 August 2022
  • 15 Sep 2023 to 27 Oct 2023
Based on this, I'm getting the below output:
Reapply date is 8 Oct 2025.


My question - is the lawful residence date correct? is it the first entry made to the country 30 March 2018? or should it be the date that I came to live in Australia i.e. 31 August 2022? In other words, will I need to stay 4 years from the date I started living permanently in Australia 31 August 2022 or just just 3 years since I made my first entry back in 30 March 2018? The calculator suggests 3 years plus any short trips such as the one made in 2023 as per the input I provided.


Thanks in advance for your help!
3 years plus any trips
It’s correct
Cheers
 
#3 ·
Section 22 of the Act requires you to have been present in Australia for a period of 4 years immediately before the day you make the application and at no time during those 4 years were you present as an unlawful non-citizen.

Where the total period of absence in that 4 years was not more than 12 months then for the puposes of this section of the Act the person is taken as having been present

Without counting days, it looks correct.
 
#4 · (Edited)
To confirm, my lawful residence date is 30 March 2018 (the date I first entered Australia on a valid PR visa, even though I only stayed for 8 days)???


Here’s how the residency calculator defines the lawful residence date:


“You need to know the date your ‘lawful residence’ started, that is, when you first started living in Australia on a valid visa. If you are unsure of the exact date your ‘lawful residence’ started, an estimated date can be used as long as you are confident that it was more than four years ago.”


Based on this definition, my lawful residence date appears to be correct, and the calculated result (3 years + any trips) seems accurate.



However, I am concerned about the extended gap between my departure after the first entry (7 April 2018) and my return to live permanently (30 August 2022), as this gap is over 4 years. Could this gap affect my eligibility?
 
#5 · (Edited)
However, I am concerned about the extended gap between my departure after the first entry (7 April 2018) and my return to live permanently (30 August 2022), as this gap is over 4 years. Could this gap affect my eligibility?
the 4 years is looking back from the date of application, not looking forward from the date of first entry...

So long as on the date of application you have
  • held a valid and active visa or visas for at least 4 years (ie not been in the country unlawfully)
  • held PR for at least 1 year
  • been physically in Australia for at least 3 years
  • Spent less than 90 days out of the country in the last 12 months
Its worth noting it can take a few days or so, after your first eligible date for the systems to allow you to apply.

But then again it is not a race... so one doesn't need to apply on the first day one is eligible. So if there is no pressing need you can continue to live here indefinitely.
 
#7 ·
Hi,
I’m trying to check the correctness if I meet the residency requirements for Australian citizenship, and I’d appreciate your input. Details below:

  • Permanent Residence (PR) grant date: 13 June 2019.
  • First entry into Australia as a permanent resident: 10 Aug 2019 (stayed for 3days).
  • Absent from Australia: 14 August 2019 to 27th December 2021.
  • Returned to Australia: 28th December 2021 and have been living here since, except short trips.
When I used the residency calculator, I have provided the details as per the below:

  • Permanent Residence Date: 13 June 2019
  • Lawful Residence Date: 10 Aug 2019
and listed down my stays out of the country:

  • 14 August 2019 to 28th December 2021
  • 9 April 2022 to 24 April 2022
  • 22 Dec 2023 to 19 Jan 2024
  • 21 Jan 2025 to 10 FEB 2025
Based on this, I'm getting the below output:
Residence requirement met: Yes


My question - was regarding the lawful residence date: 10 Aug 2019? since I stayed for 3 days only during my initial entry (14 Aug 2019) and was out of the country from 14 August 2019 to December 2021 due to the Covid travel restrictions. Will this gap affect my citizenship application?

Thanks in advance for your help!
 
#9 ·
Try submitting the application
In all likelihood you will be allowed to go past page 6
Cheers
 
#8 ·
Immiaccount-Online Citizenship application -If you are able to go beyond Page 6 after the initial screening questions then you have the green light to go ahead and submit your application .

Based on the Travel dates you have provided ,the system would open up soon i.e. around 1st week of March. Your lawful date is correct.

Cheers
 
#13 ·
Quick update from my side: I was finally able to submit my citizenship application after three years. This is only possible if you make your first entry, then leave the country and return after a year or more, and from that point, stay permanently.
 
#14 ·
Quick question — I’ve included my son in my application and was asked to provide the following documents:
  • Custody, Evidence of
  • Overseas adoption, Evidence of
  • Legal parents of children born through a surrogacy arrangement, Evidence of

These documents are not applicable in my case, as I am the biological father of my son (Not adopted, nor was born through surrogacy arrangement). Could you please advise what documents I should provide in this situation?
 
#15 ·
I haven't looked at citizenship forms for a long time but I think what they are looking for is evidence that you have responsibility or legal custody of the child.

If only one parent is applying for citizenship, this is required to help meet Australia's obligations under the Hague conventions related to child abduction.