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QLD Application for Australian Citizenship Under Discretion #5?

Discussion in 'Immigration Law Forum' started by AustralianCitizen1234, 12 April 2016.

  1. AustralianCitizen1234

    12 April 2016
    Likes Received:

    Currently, I'm on permanent resident status, live outside of Australia. I have had permanent residency for last 4.5 years and my spouse is an Australian citizen. I barely lived in Australian (not even a year).
    As far as I can understand from the Australian citizenship requirements, I somehow fall under ministerial discretion #5 if I apply for Australian citizenship now.

    I had phoned Border protection to confirm and they told me it's not the case, that I do not fullfill the requirements. Could you confirm that information? Was there a successful application for Australian citizenship under discretion?

    Thank you.
  2. Sophea

    Sophea Guest

    In order to be eligible for citizenship you need to meet the general residence requirement which is based on the amount of time you have lived in Australia.

    You must
    • have lived in Australia on a valid Australian visa for four years immediately before applying
    • have been a permanent resident for the 12 months immediately before making an application and not have been absent from Australia for more than one year in total, during the four year period, including no more than 90 days in the 12 months before applying.
    Under some circumstances you might be eligible to apply to very the residence requirement by requesting the minister to exercise discretion in your case. The fifth scenario in which this may be exercised is if: "you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner, or are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia, then that period of time may be treated as time spent in Australia."

    It is impossible to tell you whether or not this discretion can be applied in your case or whether or not the minister will use his discretion to grant you citizenship if he exercises it, without reviewing your complete citizenship application and all the relevant facts and circumstances. However, based on what you have stated, it would appear this may be available to you.

    Did the boarder control person state why it would not be available to you?

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