# Residency Requirement Waiver for Citizenship



## HeyAU (Dec 10, 2010)

Hi All,

ExpatFOrum has been a Reference Bible for me in my quest to gain AU PR and am looking forward to some clarification on the below.


I was looking for clarification on the Residency requirement waiver to apply for citizenship.

I have found a link regarding this but I would like to know if anyone has indeed made use of the waiver.



Could anyone clarify on variation to the residence requirement where in I can *apply for citizenship even If I do not meet the 3years requirement on the basis of my family being in Australia and have a house and kid is AU Citizen by birth*. i.e My wife goes to AU when she gets the PR, our child is born there and is eligible after 4 years for applying for Citizenship, at that time am I able to apply as well if I was working overseas and just visiting, or do I have to be physically present in AU for the whole requirement period of 3 years .

*Excerpts from Immigration website*
Variation to the residence requirement


You must:
•	have been living in Australia on a valid Australian visa for four years immediately before applying, including one year 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.
.

*Variation to the residence requirement*
Under some circumstances you may be eligible to apply for a variation to the residence requirement or be eligible under the special residence requirement.
You will need to provide relevant supporting documents related to your claims at the time you lodge your application.

*Special residence requirement*



*Evidence for the special residence requirement*
Provide the documents listed in the table below that are relevant to your situation.
Document	Checked

Proof that although you have spent periods of time overseas, your home has been in Australia. Examples of proof may include the presence of a spouse or children in Australia, evidence of property, tenancy agreements, rates notices or income tax payments 

Web link - 
vvvvvvv.citizenship.gov.au/applying/documents/support_docs/support_1300t_1290/]Australian[/url] Citizenship – Supporting documents for 1300t and 1290 applications

Thanks in Advance.


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## Yvonne.72 (Jan 9, 2011)

I'd say they're looking for proof of your committment to _continuing _to live and work in Australia. I take that as meaning you _have _to live here most of the time and only spend short periods of time abroad. Your wife will probably get citizenship but I'm not too sure that you will, you personally will definitely need PR for at least a year out of the four years before you can apply.

Why not contact DIAC and ask them too?


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## HeyAU (Dec 10, 2010)

Thanks Yvonne72 for the reply.

Its fine if it is 1 year as you say. It will be easier for me to go a little later and settle than my wife due to various reasons. Maybe Ill drop them a mail or call and find out.

Im curious if anyone has/ know who has indeed made use of this clause and got citizenship without fulfilling the 3-4 yr requirement


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## amaslam (Sep 25, 2008)

I think you need to provide evidence that you are coming to live in Australia. Also the nature of your work may determine how they'll decide this. Let's say you're earning money and sending it back home to support the family and it's most the income I'd say they'd consider that good evidence. However I haven't read anyone in Expatforum has made use of the waiver portions of the Citizenship requirements. Only a few have been on the forum long enough and still active to even apply for AU Citizenship and those have all met the regular residency requirements.


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## jamesguess2 (Oct 23, 2011)

*special residence requirement for australian citizenship*

I have a permanent resident visa issue in Dec 2007. I lived in Australia for 16 months including 4 months in last one year. Can I apply for citizenship on basis of special residence criteria as I was working with Air India because of which I was sent to India and I couldnt live in Australia for 4 years?


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## Guest (Oct 24, 2011)

Are you married to and living with an Australian Citizen whilst living outside of Australia?


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