# Australian Citizenship from Overseas



## misguided (Sep 11, 2012)

Can anyone provide me details around applying Australian Citizenship from outside Australia?

I can see the following link on the Gov website Australian Citizenship – Applying for Australian citizenship from outside Australia - change in lodgement process - Frequently asked questions

But this doesn't talk about , if someone can be conferred citizenship if he/she is outside australia?


----------



## _shel (Mar 2, 2014)

Depends on your circumstances. Are you married to an Australian citizen or have you lived in Australia continuously to meet the requirements then recently left?


----------



## misguided (Sep 11, 2012)

_shel said:


> Depends on your circumstances. Are you married to an Australian citizen or have you lived in Australia continuously to meet the requirements then recently left?


Well Actually I will be moving out of australia once I satisfy the requirements (my job will take me to a new location).

I am not married to an aussie and have lived in aus enough to satisfy the requirements (by the time I leave).

I am not sure what would be right approach for me?

1) Apply for Australian citizenship from the country I go to 

2) Apply citizenship from AUstralia before I leave 

Im unsure if someone can be given citizenship when he is outside Australia?

PS: I can't wait in Australia until I receive my citizenship as that way I will lose my job .


----------



## TheExpatriate (Feb 7, 2014)

Wrong post


----------



## TheExpatriate (Feb 7, 2014)

Apply from Oz before you leave, contact Citizenship Dept to tell them about your circumstances and see what happens


----------



## misguided (Sep 11, 2012)

TheExpatriate said:


> Apply from Oz before you leave, contact Citizenship Dept to tell them about your circumstances and see what happens


Mate that is my last resort. I was hoping someone is this forums is/has been in a similar situation and knows the way forward. 

I can always contact the dept but I don't think they'd be interested to talk about my case unless I have applied


----------



## TheExpatriate (Feb 7, 2014)

misguided said:


> Mate that is my last resort. I was hoping someone is this forums is/has been in a similar situation and knows the way forward.
> 
> I can always contact the dept but I don't think they'd be interested to talk about my case unless I have applied


then apply and call them afterwards


----------



## TheExpatriate (Feb 7, 2014)

what will your visa status be by the time you leave?


----------



## misguided (Sep 11, 2012)

TheExpatriate said:


> what will your visa status be by the time you leave?


I'd be permanent resident.


----------



## girlaussie (Nov 21, 2012)

As per me understanding you can apply outside Australia Online.

Applying from outside Australia

'If you are outside Australia, you can apply online or lodge a paper application. Send your paper application to the Overseas Citizenship Unit at our Canberra office in Australia.'

Certified copies of all the required documents need to be attached to your online or paper application. Do not post original documents.

However, 'you must be in the country at the time a decision is made. You may need to defer your travel plans or, if your travel is urgent contact the department for advice.'

Check this link for more detail please: 

Australian Citizenship – Application process for Australian citizenship

Hope this helps.

Girl Aussie 




misguided said:


> Can anyone provide me details around applying Australian Citizenship from outside Australia?
> 
> I can see the following link on the Gov website Australian Citizenship – Applying for Australian citizenship from outside Australia - change in lodgement process - Frequently asked questions
> 
> But this doesn't talk about , if someone can be conferred citizenship if he/she is outside australia?


----------



## TheExpatriate (Feb 7, 2014)

misguided said:


> I'd be permanent resident.


I understand. By the time you leave, how long will you still have in your PR validity?


----------



## _shel (Mar 2, 2014)

Apply then leave just as expatriate says. Seen it done, you will get citizenshio only problem may be when because that depends on where the nearest high commission is overseas that you can take the oath at.


----------



## misguided (Sep 11, 2012)

_shel said:


> Apply then leave just as expatriate says. Seen it done, you will get citizenshio only problem may be when because that depends on where the nearest high commission is overseas that you can take the oath at.


This would be perfect . But cam I still get citizenship if I do this? Where do I attend the citizenship ceremony ?




> I understand. By the time you leave, how long will you still have in your PR validity?


I'd have approx 3 years of PR validity left .


----------



## tara.jatt (May 15, 2012)

Here is some firsthand experience on this issue:

We were in same situation. My spouse had to stay in Australia till Citizenship ceremony. We contacted department as well as Australian Consulate in DC for any sort of help. We were told that there is no way my spouse could get oath in DC.

From our personal experience, complete the process in Australia. Apply there and if you absolutely have to move, request a friend to keep an eye on your mailbox. Tell Department about your travel plan and mention that you will be able to travel back for ceremony at a short notice as well.


----------



## misguided (Sep 11, 2012)

tara.jatt said:


> Here is some firsthand experience on this issue:
> 
> We were in same situation. My spouse had to stay in Australia till Citizenship ceremony. We contacted department as well as Australian Consulate in DC for any sort of help. We were told that there is no way my spouse could get oath in DC.
> 
> From our personal experience, complete the process in Australia. Apply there and if you absolutely have to move, request a friend to keep an eye on your mailbox. Tell Department about your travel plan and mention that you will be able to travel back for ceremony at a short notice as well.


Thanks tara . Staying here is my first option , but just in case I have to move , wanted to explore to know how it can be done. 


Sorry but just clarifying a bit , Can I apply in Aus and have my test and interview outside Aus ?


----------



## tara.jatt (May 15, 2012)

We were not allowed to do so. 



misguided said:


> Thanks tara . Staying here is my first option , but just in case I have to move , wanted to explore to know how it can be done.
> 
> 
> Sorry but just clarifying a bit , Can I apply in Aus and have my test and interview outside Aus ?


----------



## misguided (Sep 11, 2012)

tara.jatt said:


> We were not allowed to do so.


Thanks for clarifying that , 

So basically what you are trying to say is , I should complete my application and interview in Aus and then can leave the country after talking with the department , informing them that I can be available on short notice for the citizenship ceremony?


----------



## tara.jatt (May 15, 2012)

Yes, this is your best bet.



misguided said:


> Thanks for clarifying that ,
> 
> So basically what you are trying to say is , I should complete my application and interview in Aus and then can leave the country after talking with the department , informing them that I can be available on short notice for the citizenship ceremony?


----------



## tara.jatt (May 15, 2012)

While I am pretty sure about my earlier suggestion about best course of action, just in case adding the usual internet disclaimer : YMMV


----------



## sriniman (Sep 17, 2011)

Hello Tara.jatt and misguided,
I need your help in answering my questions, We are also in the same situation as yours. I will be moving to USA before my eligibility to apply for Australian citizenship.
My spouse will be here until 2 months (last 12 month period) before the completion of her 4 years. 
Can she lodge the Australian citizenship application from USA, and travel to Australia only for the citizenship test and oath ceremony.
I would really appreciate your advice on the same.


----------



## _shel (Mar 2, 2014)

You cant lodge the application until you qualify or it will be refused. Unless you meet criteria to count overseas residence you wont be able to apply for citizenship.


----------



## sriniman (Sep 17, 2011)

Hello Shel,
Thanks Shel for your Response ,If my spouse Qualifies for the Citizenship can she lodge the application from overseas and attend for oath and ceremony Or Personally she has to file from Australia. Really appreciate your response .


----------



## _shel (Mar 2, 2014)

If she leaves Australia before meeting the residence requirement she will be rejected, even if she is only short by 2 months. 

If she qualifies and applies she will need to wait to complete her citizenship ceremony.

She wont be applying for overseas citizenship so wont qualify to have her ceremony overseas. She must attend the ceremony to be granted citizenship.


----------



## aatbilal (Feb 1, 2016)

Hi. I need help on an important matter. Being Australian citizen, I had to come back to my native home country to see my family (previously living with me more than 02 years in Australia on PR visas) who happened to be overseas to look after my Father (again PR).

Now, scenario is that PR of my family expires in September 2016 (this year), I intend to apply for RRV for my wife and Father, however, for my only Daughter (06 years, 03 months), I would like to apply Australian citizenship (eligible as per law - myself being Australian citizen as well as Daughter has been living and schooling in Australia more than two years as PR). 

Question is HOW TO APPLY FOR MY DAUGHTER'S CITIZENSHIP INSTEAD OF RRV AND TO WHERE?

Grateful!!!


----------



## ozbound12 (Mar 23, 2012)

aatbilal said:


> Hi. I need help on an important matter. Being Australian citizen, I had to come back to my native home country to see my family (previously living with me more than 02 years in Australia on PR visas) who happened to be overseas to look after my Father (again PR).
> 
> Now, scenario is that PR of my family expires in September 2016 (this year), I intend to apply for RRV for my wife and Father, however, for my only Daughter (06 years, 03 months), I would like to apply Australian citizenship (eligible as per law - myself being Australian citizen as well as Daughter has been living and schooling in Australia more than two years as PR).
> 
> ...


The residence requirement for citizenship is four years, not two. Of the four years, she must have been physically present in Australia for at least 3 years, with no absences of more than 90 days in the previous year before applying for citizenship.

Residence calculator is here: https://www.border.gov.au/Trav/Ente/Retu/residence-calculator


----------



## Ktoda (Dec 30, 2013)

Hi 

I know this is not the question that I have to post but very exited to know about situation for Citizenship for the below ones.

Mar 2011 - May 2011 ( 2 months worked in Sydney)
July 2011 - Dec 2012 ( 18 Months worked in Melbourne)
Jan 2013 - Nov 2013 ( 11 Months worked in Adelaide)
Sep 2014 (1 Month work in Melbourne)

The above guy stayed in AUS for almost 2.7 years with the above break-ups.
Can you list down the possibilities to get the Citizenship for this guy with least stay in AUS.

1st Important Step to get citizenship: This guy has to be on PR visa for atleast 1 year
2nd step for citizenship:
3rd Step for citizenship:


Thank you


----------



## ozbound12 (Mar 23, 2012)

Ktoda said:


> Hi
> 
> I know this is not the question that I have to post but very exited to know about situation for Citizenship for the below ones.
> 
> ...


You could enter those dates in the residence calculator that I just posted a link to previously...


----------



## Ktoda (Dec 30, 2013)

ozbound12 said:


> You could enter those dates in the residence calculator that I just posted a link to previously...


Thank you.

I think he is not satisfying the 2nd point as he didn't reach AUS in 2015 year. So can I assume all the above stay in AUS is on vain to get citizenship

To satisfy the residence requirements you must: 
•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 immediately before applying._


----------



## ozbound12 (Mar 23, 2012)

No, this person would not qualify for citizenship for that reason plus the four years of residence must be continuous. If they did not hold a valid visa during the absences then for the purpose of citizenship the four years of residence is broken.


----------



## Maggie-May24 (May 19, 2015)

ozbound12 said:


> If they did not hold a valid visa during the absences then for the purpose of citizenship the four years of residence is broken.


I always thought the same thing, but I've seen others say that it's not the case. The wording in the citizenship act isn't that specific. The wording is:
"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
(b) the person was not present in Australia as an unlawful non-citizen at any time during that 4 year period; and
(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.

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.

(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."

So apparently it's not required to hold a visa for 4 years as long as you weren't in Australia illegally, and you weren't absent more than allowed. I've seen one post from someone who said they successfully applied for citizenship despite not holding a visa throughout the whole 4 years, but not any others so not entirely sure it's foolproof.

You could perhaps argue that under 1(A) if the person was "taken to be present in Australia" but they didn't hold a valid visa during that overseas absence, that would have meant they were here illegally.


----------



## ozbound12 (Mar 23, 2012)

Interesting - I didn't realise the law was that vague regarding absences. I guess this is potentially good news for people who have had to 'visa hop' their way to PR and were required for whatever reason to be overseas at certain times without a valid visa, but still wish to apply for citizenship using their accumulated time in Australia.


----------



## Maggie-May24 (May 19, 2015)

ozbound12 said:


> Interesting - I didn't realise the law was that vague regarding absences. I guess this is potentially good news for people who have had to 'visa hop' their way to PR and were required for whatever reason to be overseas at certain times without a valid visa, but still wish to apply for citizenship using their accumulated time in Australia.


Yes, although I'd like to see some more posts that people have been successful doing this. It seems logically (to me at least) that you'd need to hold a valid visa through the entire 4 years, but it wouldn't be the first time I didn't think the government acted logically.


----------

