# Citizenship residency requirement



## Chris777 (Sep 20, 2016)

Hi Guys,

I am wondering whether I can apply for citizenship once the 4 years of lawful visa was granted or once the 4 years of first landing is reached. 

For example, I was granted student visa on 12 august 2014 but I arrived in Australia on 22 sept 2014. I already fulfilling other residency requirement of not being absent more than one year in general and 90 days in the last year before lodgement. 


So my question can I apply on 13 august 2018? 
or on 23 sept 2018?


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## NB (Mar 29, 2017)

Chris777 said:


> Hi Guys,
> 
> I am wondering whether I can apply for citizenship once the 4 years of lawful visa was granted or once the 4 years of first landing is reached.
> 
> ...


You don’t have to guess or ask anyone

Just enter all your actual arrival and departure date in the Citizenship calculator and you will get your eligibility 

Student Visa grant date has no significance 
It’s when you actually land in Australia which will be used

Cheers


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## Chris777 (Sep 20, 2016)

so by using calculator, should i use student visa grant date or landing as my lawful residence date???


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## NB (Mar 29, 2017)

Chris777 said:


> so by using calculator, should i use student visa grant date or landing as my lawful residence date???


I have answered above, if you read carefully

You have to use the LANDING DATE as lawful residence date

Apply ASAP as there is a strong chance that the eligibility may change to minimum 4 years on PR 

Cheers


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## Chris777 (Sep 20, 2016)

i read it carefully but where is the reference for what you claim?


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## NB (Mar 29, 2017)

Chris777 said:


> i read it carefully but where is the reference for what you claim?


I don’t claim anything
I am not a Mara agent 

This is how I have calculated my eligibility , which I have shared with you 

If you think it otherwise, I have no issues

Cheers


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## Chris777 (Sep 20, 2016)

Anyway thanks for sharing your knowledge. I'll try on 13th August and will see if my application can proceed or gives me error.


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## kiwifruit (Dec 21, 2012)

Chris777 said:


> Hi Guys,
> 
> I am wondering whether I can apply for citizenship once the 4 years of lawful visa was granted or once the 4 years of first landing is reached.
> 
> ...


Follow the steps listed here to check your eligibility:
https://www.homeaffairs.gov.au/trav/citi/am-i-eligible

You need to have been an Australian resident for at least 4 years and at least one of them as a PR. You only become a resident once you arrive in Australia, not from the date your visa was granted.

As NB told you, the rules could change next month if the new Citizenship bill is passed in Parliament. Then you would need 4 years as a permanent resident, so apply now if you can.


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## Chris777 (Sep 20, 2016)

Hi Guys,

I have one quick question.
Although I have indicated in my application that I have no intention to leave australia in next 12 months, My brother's wedding will be in Xmas and i will travel to celebrate with him. So, should I inform DIBP with my travel? how? or not ?

what will happen if i informed them or not? what is the purpose even if my application status will be still shown as "Received"?


Thanks!


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## kiwifruit (Dec 21, 2012)

Chris777 said:


> Hi Guys,
> 
> I have one quick question.
> Although I have indicated in my application that I have no intention to leave australia in next 12 months, My brother's wedding will be in Xmas and i will travel to celebrate with him. So, should I inform DIBP with my travel? how? or not ?
> ...


In theory you should inform the department of any dates you will be away from Australia. This is to prevent being given a test date when you are not around. However, as the test date can be changed online this isn't much of an issue. If you get an email with a test date while you're overseas just log in and choose a later date. 

If you want to be on the safe side you can call or email the department. The email address is different depending on where you have applied from. Here are some of the addresses:

[email protected]
[email protected]
[email protected]


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## Chris777 (Sep 20, 2016)

kiwifruit said:


> In theory you should inform the department of any dates you will be away from Australia. This is to prevent being given a test date when you are not around. However, as the test date can be changed online this isn't much of an issue. If you get an email with a test date while you're overseas just log in and choose a later date.
> 
> If you want to be on the safe side you can call or email the department. The email address is different depending on where you have applied from. Here are some of the addresses:
> 
> ...



Thanks for your response!
So if i didn't inform the DIBP, they won't blame me at the interview?
I am also wondering, is my travel can be considered that I don't show ties to Australia and willingness to stay which can lead my citizenship application get declined?


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## Tapidum (Mar 4, 2016)

Hi, I have a question, if anyone could answer:

If you spend first 02 years as permanent Resident on a stretch, without any absence from Australia.
And then (for 3rd year), remain out of Australia for a complete 01 Year. 
And then (for 4rth year) come again back to Australia and live for 01 year.
Do you remain eligible to apply for citizenship at the end of 4rth year OR you have to live for another 01 year to get eligibility for citizenship ?

Asking because, you can remain absent from Australia for up to 01 year in total, during the four year period, but does that mean you can remain away for a continuous stretch of 01 year.
Regards


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## kiwifruit (Dec 21, 2012)

Tapidum said:


> Hi, I have a question, if anyone could answer:
> 
> If you spend first 02 years as permanent Resident on a stretch, without any absence from Australia.
> And then (for 3rd year), remain out of Australia for a complete 01 Year.
> ...


As long as all your absences during the last four years do not add up to more than one year AND you have not been outside Australia for more than 90 days in total during the last year, it doesn't matter if you were away for one long period of time or many short ones. You still qualify.

You can use the online calculator to check your eligibility.


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## kiwifruit (Dec 21, 2012)

Chris777 said:


> Thanks for your response!
> So if i didn't inform the DIBP, they won't blame me at the interview?
> I am also wondering, is my travel can be considered that I don't show ties to Australia and willingness to stay which can lead my citizenship application get declined?


It depends on how long you spend outside Australia. If you are away for more than 50% of the time they are bound to question you about it.


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## Tapidum (Mar 4, 2016)

*Question*



newbienz said:


> You don’t have to guess or ask anyone
> 
> Just enter all your actual arrival and departure date in the Citizenship calculator and you will get your eligibility
> 
> ...


hi,
is Citizenship calculator working / operational ?
i m trying to access it since yesterday, but its down ?
do you know / have a link ?
regards


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## NB (Mar 29, 2017)

Tapidum said:


> hi,
> is Citizenship calculator working / operational ?
> i m trying to access it since yesterday, but its down ?
> do you know / have a link ?
> regards


It’s working

https://www.homeaffairs.gov.au/trav/ente/retu/residence-calculator

Cheers


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## Chris777 (Sep 20, 2016)

kiwifruit said:


> It depends on how long you spend outside Australia. If you are away for more than 50% of the time they are bound to question you about it.


Thanks for your response! it's only for one month and I have already booked return tickets.


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## kiwifruit (Dec 21, 2012)

Chris777 said:


> kiwifruit said:
> 
> 
> > It depends on how long you spend outside Australia. If you are away for more than 50% of the time they are bound to question you about it.
> ...


Then you have nothing to worry about.


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## Chris777 (Sep 20, 2016)

Hi, 
ONe quick question, when one should send FOI request? does it worth it to follow up the progress of my application or i am putting more pressure on case officer?


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## rajeshm333 (Nov 4, 2014)

Hi,

Question in calculating citizenship residency requirements:

After PR grant, if you have done a validation trip and moved permanently after 4 months

Do i need to put the first entry date as Lawful residence date or will it be the date when we moved permanently?

Thanks


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## fugitive_4u (Nov 7, 2016)

rajeshm333 said:


> Hi,
> 
> Question in calculating citizenship residency requirements:
> 
> ...


Please refrain from asking the same question on many threads. Members are looking at your question and will respond accordingly.

Your question has been answered in another thread. For the benefit, your first trip on your PR becomes your lawful residence date.


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## pande (Jul 24, 2014)

Hello, everybody!

My question: citizenship requirement is that you must not be outside of Australia for 1 year, but if one was outside of Australia for 1-1.5-2 years during his 4 years on PR, will he be refused in citizenship or how it is usually going on in such a case can anyone answer?

Thanks


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## mustafa01 (Jan 29, 2017)

pande said:


> Hello, everybody!
> 
> My question: citizenship requirement is that you must not be outside of Australia for 1 year, but if one was outside of Australia for 1-1.5-2 years during his 4 years on PR, will he be refused in citizenship or how it is usually going on in such a case can anyone answer?
> 
> Thanks


Have you checked it through the Department's residency calculator? if not then here you go https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator


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## pande (Jul 24, 2014)

Nope, I mean theoretically... If one is absent in Australia more than 1 year will he be automatically rejected when applying for citizenship later? What Australian law says about it?


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## mustafa01 (Jan 29, 2017)

pande said:


> Nope, I mean theoretically... If one is absent in Australia more than 1 year will he be automatically rejected when applying for citizenship later? What Australian law says about it?


Eligibility criteria to meet general residency

At the time you apply you must have been:


living in Australia on a valid visa for the past 4 years
a permanent resident or eligible New Zealand citizen for the past 12 months
away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months

This is the general residency requirement but realistically speaking I just don't understand why can't you just enter the dates and check out by yourself on https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator


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## NB (Mar 29, 2017)

pande said:


> Nope, I mean theoretically... If one is absent in Australia more than 1 year will he be automatically rejected when applying for citizenship later? What Australian law says about it?


The system will not allow you to proceed with the application when you enter the dates that you were absent, if you are not eligible 

If you make a paper application or give wrong dates online , your application will be rejected during processing 

Cheers


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## pande (Jul 24, 2014)

*At the time you apply* you must have been:

"away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months"

so if one lets say was away in Australia for the 1st year of his PR, so he will not be eligible for citizenship after 4 years but will be eligible after 5, am I right?


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## pande (Jul 24, 2014)

or will he be eligible after 4+4=8 years only?


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## nacalen (Sep 30, 2019)

pande said:


> *At the time you apply* you must have been:
> 
> "away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months"
> 
> so if one lets say was away in Australia for the 1st year of his PR, so he will not be eligible for citizenship after 4 years but will be eligible after 5, am I right?


They might be eligible even after 4 years and 1 day (not 5 years). As long as at that point of time they wouldn't have been away from from Australia for more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months.


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## fugitive_4u (Nov 7, 2016)

pande said:


> or will he be eligible after 4+4=8 years only?


No..

Assuming you were out for 1.5 years, then you will be eligible after 4.5 years. Similarly, if you were out for 2 years, you will be eligible after 5 years. Dates get pushed forward, until you look back in the previous 4 years and see how long you were out of Australia

If you don't meet the criteria, you cannot even lodge an application in ImmiAccount.

Hope it clarifies.


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## NB (Mar 29, 2017)

pande said:


> *At the time you apply* you must have been:
> 
> "away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in total in the past 12 months"
> 
> so if one lets say was away in Australia for the 1st year of his PR, so he will not be eligible for citizenship after 4 years but will be eligible after 5, am I right?


That’s correct

Cheers


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