# Residency calculator saying eligible



## Mazaa (May 31, 2021)

residency calculator is saying i am eligible to apply now but Immi account not letting apply saying not yet meeting eligibility
so,
Date of intent to apply: 31-May-2021
Date of PR: 21-APR-2017
Dates of travel:
28-Apr-2017 to 13-May-2018
23-Jun-2018 to 26-Jun-2018
25-Dec-2018 to 8-Jan-2019
3-Aug-2019 to 8-Aug-2019
Please advise why system not allowing plus view dates


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## NB (Mar 29, 2017)

Mazaa said:


> residency calculator is saying i am eligible to apply now but Immi account not letting apply saying not yet meeting eligibility
> so,
> Date of intent to apply: 31-May-2021
> Date of PR: 21-APR-2017
> ...


Just give it 2-3 days to adjust for leap years and what not
By the end of the week you should be able to move beyond page 6
Nothing to worry
Cheers


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## Mazaa (May 31, 2021)

NB said:


> Just give it 2-3 days to adjust for leap years and what not
> By the end of the week you should be able to move beyond page 6
> Nothing to worry
> Cheers


Thanks NB.. will give it a week


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## NB (Mar 29, 2017)

Mazaa said:


> Thanks NB.. will give it a week


Uh oh
I mis read your dates
You have been out for more then a year in the last 4 years
So now you will be eligible only in May 2022
you can keep checking every few weeks in case I am wrong and the system allows you to proceed
Cheers


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## Mazaa (May 31, 2021)

NB said:


> Uh oh
> I mis read your dates
> You have been out for more then a year in the last 4 years
> So now you will be eligible only in May 2022
> ...


But i was PR then and applying considering last 4 years out of which 3 I have been physically here


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## Mazaa (May 31, 2021)

NB said:


> Uh oh
> I mis read your dates
> You have been out for more then a year in the last 4 years
> So now you will be eligible only in May 2022
> ...


Secondly if the issue is so clear why isn’t residency calculator picking up and saying it is not eligible when i enter the dates?


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## Mazaa (May 31, 2021)

NB said:


> Uh oh
> I mis read your dates
> You have been out for more then a year in the last 4 years
> So now you will be eligible only in May 2022
> ...


this is mentioned on another site from Immigration and citizenship act:
Citizenship policy, chapter 7A:
”*If absent from Australia on the day four years immediately before applying*
If a person’s first arrival in Australia is less than four years before they apply for citizenship, they cannot meet the general residence requirement, even if they spend three years continuously in Australia.
The start date of the four-year lawful residence period is usually the date four years immediately before they lodge their application. However, if the person has not made their first entry into Australia, they need to wait at least four years after their first entry to meet this requirement.
_Where a person was outside Australia on the day four years immediately before applying, but had previously been in Australia as the holder of a permanent visa, they may still use the day four years immediately before applying as a start date (for the purposes of being eligible to satisfy the four year lawful requirement), providing that on that day they held a permanent visa._
If these conditions are met, then the person may use the full four year period immediately before applying towards meeting the general residence requirement.”


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## Mazaa (May 31, 2021)

NB said:


> Uh oh
> I mis read your dates
> You have been out for more then a year in the last 4 years
> So now you will be eligible only in May 2022
> ...





Australian Citizenship Act 2007



Overseas absences
(1A) If:
(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and
(b) the total period of the absence or absences was not more than 12 months;
then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence.

based on 1A(a) one can apply in June 2021 and looking back 4 years exactly the period of absence will be less than a year.

(1B) If:
(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and
(b) the total period of the absence or absences was not more than 90 days; and
(c)  the person was a permanent resident during each period of absence;
then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence.


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## Mazaa (May 31, 2021)

NB said:


> Uh oh
> I mis read your dates
> You have been out for more then a year in the last 4 years
> So now you will be eligible only in May 2022
> ...


This extract is from Citizenship act:

22 General residence requirement
(1) Subject to this section, for the purposes of section 21 a person satisfies the general residence requirement if:
(a) the person was present in Australia for the period of 4 years immediately before the day the person made the application; and (it says Period of 4 years that is defined by lawful residence date, no mention of PR here)
(b) the person was not present in Australia as an unlawful non-citizen at any time during that 4 year period; and (this related to the person not at any time having a negative visa status or no visa)
(c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application. (this condition is now triggering the PR requirement which a person has to be 12 month immediately before applying)
Overseas absences (Now lets see the oversea absence allowed during this period of 4 years immediately before applying)
(1A) If: (This is talking about general absence from Australia)
(a) the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application; and (*And* is mentioned so now it is relating to the next point, but to explain this point "the part or the period of 4 years is not defined yet but it is to be considered within the 4 years immediately before applying")
(b) the total period of the absence or absences was not more than 12 months; (so the period of total absence will not be more than 365 Days but above point is the context to this as it says AND after first point)
then, for the purposes of paragraph (1)(a), the person is taken to have been present in Australia during each period of absence. (now it related to (1)(a) which is "the person was present in Australia for the period of 4 years immediately before the day the person made the application")

(1B) If: (This is related to absence during last 12 months probably to show close ties to Australia and intent to reside here)
(a) the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application; and (See "and" is mentioned so this will be connected to next sentence but lets discuss this one first, so this is now saying for the last 12 months before one apply one was absent/oversea for a part or period but the part or period are not defined in this sentence)
(b) the total period of the absence or absences was not more than 90 days; and (Again and is being used so these 3 sentences are connected and interrelated, now in the last 365 days the period of absence was not more than 90 days in total)
(c) the person was a permanent resident during each period of absence; (So during this last 12 months the person was PR during the absence period as well)
then, for the purposes of paragraph (1)(c), the person is taken to have been present in Australia as a permanent resident during each period of absence. (Now this whole part (1B) is relating to Paragraph (1)(c) which says {(c) the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application} so if all 3 conditions met then the person will satisfy condition (1)(C))


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## JT (Sep 1, 2020)

you should consider consulting an agent if you think you're eligible for citizenship


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## Mazaa (May 31, 2021)

imjordanxd said:


> you should consider consulting an agent if you think you're eligible for citizenship


The agents only guidance is the act.. one can read it for guidance.. experience has been bad with agents


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## Mazaa (May 31, 2021)

imjordanxd said:


> you should consider consulting an agent if you think you're eligible for citizenship





NB said:


> Uh oh
> I mis read your dates
> You have been out for more then a year in the last 4 years
> So now you will be eligible only in May 2022
> ...








Exemptions to Australian Citizenship Residency Requirement







visaenvoy.com


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## NB (Mar 29, 2017)

Mazaa said:


> Exemptions to Australian Citizenship Residency Requirement
> 
> 
> 
> ...


The proof of the pudding is in the eating
The system is foolproof 
No matter what you do, if the system doesn’t allow you to proceed, you have to wait
Cheers


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## Mazaa (May 31, 2021)

NB said:


> The proof of the pudding is in the eating
> The system is foolproof
> No matter what you do, if the system doesn’t allow you to proceed, you have to wait
> Cheers


System has to conform to law, it cannot decide on its own but if it is deciding it should have logical explanations


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## yogithegreat (Nov 29, 2017)

Hi, one related question.

I got PR in Feb 2019, made validation visit of 15 days between 25 March to 6 April, then moved permanently in Dec 2019. so my eligiblity will be checked from 25 March (because PR got activated that day) or 28 Dec when i moved permanently and got Medicare card made


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## Mazaa (May 31, 2021)

yogithegreat said:


> Hi, one related question.
> 
> I got PR in Feb 2019, made validation visit of 15 days between 25 March to 6 April, then moved permanently in Dec 2019. so my eligiblity will be checked from 25 March (because PR got activated that day) or 28 Dec when i moved permanently and got Medicare card made


When PR got activated,


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## tungly (Aug 4, 2019)

Mazaa said:


> The agents only guidance is the act.. one can read it for guidance.. experience has been bad with agents


Why you so aggressive? People here are helping you within their knowledge mate.

I can see some issues with your thread:

1. Since you got PR on 21/4/2017, you have absent of Australia for more than 1 year (from 28-Apr-2017 to 13-May-2018). When you went back to Australia, your 4 year time had been reset. 
2. You said that you had bad experience with agent, but you referred to an agent website? (visaenvoy)
3. People in forum are human, not system, not CO. You get nothing when debating other member. Instead, submitting a TRAVEL MOVEMENT RECORD and calculate that yourself. Sometimes the system calculates a wrong date because border officer entered a wrong date in movement records.
4. If you are not satisfy, call DHA to ask or make a feedback on DHA website.


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## Mazaa (May 31, 2021)

tungly said:


> Why you so aggressive? People here are helping you within their knowledge mate.
> 
> I can see some issues with your thread:
> 
> ...


Which condition are you applying on first one? It say 4 years immediately before applying. If application date is 15 June 21 then how is the absence coming out to be more than 365 days immediately before applying? Clock starts at 15 June 2017.. how does it reset?


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## dybydx (Jul 23, 2019)

This is weird

I'm sure that you are not eligible now. You will be eligible next year as you've absent for more than 1 year on your first trip.

But I tried to enter all of your details on this https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator and it said eligible.

Better confirm with DHA about this.


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## yogithegreat (Nov 29, 2017)

Mazaa said:


> When PR got activated,


thanks


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## Mazaa (May 31, 2021)

dybydx said:


> This is weird
> 
> I'm sure that you are not eligible now. You will be eligible next year as you've absent for more than 1 year on your first trip.
> 
> ...


It say consider last 4 years immediately before applying, now if i look at last 4 years from say 15 June 2021 go back to 16 June 2017 i will be eligible to apply as per citizenship act 2007. From 15 June 2021 to 16 June 2017 i was not out of country for more than 365 days.


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## NB (Mar 29, 2017)

Mazaa said:


> System has to conform to law, it cannot decide on its own but if it is deciding it should have logical explanations


If you have the time money and energy, fight it out with DHA 
Cheers


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## Mazaa (May 31, 2021)

NB said:


> If you have the time money and energy, fight it out with DHA
> Cheers


Able to go through step 6, so much for your clock reset and 1 year theory..


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## Mazaa (May 31, 2021)

dybydx said:


> This is weird
> 
> I'm sure that you are not eligible now. You will be eligible next year as you've absent for more than 1 year on your first trip.
> 
> ...


Already applied, the one year clock stop theory originated from bollywood so it’s no longer applicable.. you need to see last 4 years and within that 3x365 days inside Aus


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## Mazaa (May 31, 2021)

NB said:


> If you have the time money and energy, fight it out with DHA
> Cheers


Not sure how many people has been misguided by these hypothetical knowledgeables


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## Najanj (8 mo ago)

Hi Mazaa, hope you can help me with this. 
can you please advise if you were able to apply for your citizenship, as i have the same issue. 

got my PR in October 2016 (got it onshore). but i went overseas till feb 2018. 
in 4 feb 2018 came to australia for a month till 3 march 2018, and went back overseas. and came back to australia permanently on 23 april 2019. (total outside australia is 13 months) 
residency calculator says im eligible, but on the immi account i cannot proceed. 
hope i did not confuse  thanks in advance. Sophia


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## fugitive_4u (Nov 7, 2016)

Najanj said:


> Hi Mazaa, hope you can help me with this.
> can you please advise if you were able to apply for your citizenship, as i have the same issue.
> 
> got my PR in October 2016 (got it onshore). but i went overseas till feb 2018.
> ...


Maybe wait for few more days, maybe until 23rd May. Yeah, calculator is not very consistent and the actual eligibility is more accurately calculated by the application itself, as seen in several cases.


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## Najanj (8 mo ago)

fugitive_4u said:


> Maybe wait for few more days, maybe until 23rd May. Yeah, calculator is not very consistent and the actual eligibility is more accurately calculated by the application itself, as seen in several cases.


Thank you for your reply, 
my concern is, i was out of the country for 13 months, but been living permanently in australia for the last 3 years. 
will the 12 months criteria outside of the country in the last 4 years stand?

thanks
Sophia


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## rc12 (11 mo ago)

Najanj said:


> Thank you for your reply,
> my concern is, i was out of the country for 13 months, but been living permanently in australia for the last 3 years.
> will the 12 months criteria outside of the country in the last 4 years stand?
> 
> ...


Did you go overseas in the last three years?


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## Najanj (8 mo ago)

only for 2 weeks, 10 october 2019, till 23 october 2019


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## rc12 (11 mo ago)

Based on my count, you were only overseas a total of 353 days (i.e. less than the allowed 12 months) out of the last four years. Maybe you entered your dates wrong in the application?


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## Najanj (8 mo ago)

rc12 said:


> Based on my count, you were only overseas a total of 353 days (i.e. less than the allowed 12 months) out of the last four years. Maybe you entered your dates wrong in the application?


was overseas from 3rd of March 2018 till 23rd of april 2019, that over 13 months in the last 4 years (details in my original post)


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## rc12 (11 mo ago)

You only count from 19 May 2018, though.

19 May 2018 to 23 April 2019 is only a little over 11 months. Add the two weeks you were away in Oct 2019, you should still be under the 12 months allowed.


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## Najanj (8 mo ago)

sorry my bad, it s 3rd of March 2018 till 23rd of april 2019


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