Citizenship Application

Citizenship, Nilesh Nandan Immigration Lawyer

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Citizenship Application – Are you eligible to apply for an Australian Citizenship?

To meet the general residence requirement you are required to have been living in Australia lawfully for a period of four (4) years and at least one (1) year as a Permanent Resident immediately before making an application.

All temporary visas, such as visitor visas, student visas, employer or partner sponsored visas and all classes of bridging visas, can be counted towards the four years lawful residence period.

Citizenship Refusal - Nilesh Nandan Immigration Lawyer
Citizenship Refusal – Nilesh Nandan Immigration Lawyer

What happens if a person has been absent from Australia for some time?

You may be absent from Australia for up to twelve (12) months within the four (4) years immediately before applying for citizenship. However, the absence period cannot be counted unless you were already been present in Australia before.

Furthermore, you may be absent for up to ninety (90) days within the twelve (12) months permanent residence immediately before applying providing you return to Australia as a permanent resident.

Can you apply for a Citizenship if your work requires regular travel outside Australia?

It is possible to meet a special residence requirement if you are engaged in a work that requires you to travel regularly for at least two years before applying for citizenship.

To meet this citizenship criterion you must

  • ordinarily resident in Australia, with the last 12 months as a permanent resident of Australia
  • present in Australia for at least 480 days in total, with at least 120 days of this being during the last 12 months immediately before applying
  • not have been present in Australia as an unlawful non-citizen.

Contact us if you require any assistance with your application.

Always request a copy of the recording at the end of the hearing. To discuss in detail contact MyVisa Immigration offices Sydney, Melbourne, Brisbane, Perth

FAQ: Become an Australia citizen for child 15 years or younger applying on their own

Question:

Hi Nilesh
Thanks for time. I came in Australia 2007, then change to spouse visa , my wife did hairdressers course and we lodged TRA in 2009 and refused in 2010 under PIC (4020) circumstances and my first child born in 2010 and after long time we won the battle in 2019 and now we are on 485 visa till 26May2021 ,and under 10year child rule my son granted Australian citizenship and i have another child he is 2 year old .we are seeking best advise for your experience to settle permanently in Australia.Regards

Answer:

Your options include making application for Ministerial Intervention as you already have a decision of the tribunal in hand, although I noticed that it was handed down some time ago.

There is no time limit for making an application for ministerial intervention after the AAT decision.

This is the key to accessing the Minister’s power for the Minister to consider exercising his powers based on the fact that you have Australian citizen child.

Even though your child is an Australian citizen, the child is less than 18 years old and cannot usually sponsor parents for any parent visas unless there is a relative or guardian who is either an Australian citizen or permanent resident or eligible New Zealand citizen. Other eligibility criteria also may be relevant.

When you are ready to get specific advice about your circumstances, please book in consultation with us to confirm your options.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience with applying for citizenship!

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Nilesh Nandan is Australia's most sought after immigration lawyer for visa refusals and visa cancellations. Appeal your visa or get help to relodge your Australian visa application or citizenship application.

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