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Australian Citizenship-Ministerial discretion no 6

Daniella

Newbie
Messages
1
Points
1
SC
partner PR
App.
2011-03-01
Grant
2012-04-23
My husband has been a PR since April 2012 and I'm an Australian citizen. He had a couple of days work in New Caledonia in June this year and went there without realising the travel facility on his PR visa had expired. He was given a temporary resident return visa (for 28 days) at the airport on his return to Sydney and once home he renewed his Resident Return visa for another 5 years.

The immigration officers have now told us that because he was out of the country for those 3 days without a valid travel facility, he will have to wait for another whole year before applying for citizenship. And if the proposed changes go through on July 1st 2018, he'll have to wait another 4 years because he can only apply as of July 8th 2018.

One of the more helpful officers suggested he apply for ministerial discretion and ask that those 3 days overseas be in fact counted as being in Australia so that he can satisfy the residency requirement as of now. It seems he may be able to apply for discretion no 6:
  1. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia, then that period of time may be treated as time spent in Australia.
Does anyone have any advice or experience about preparing such a request and how difficult it might be in our particular situation.

Thanks in advance!
 

MysticRiver

Administrator
Staff member
Messages
15,720
Points
113
The exact clause is as follows:

DIBP said:
If you spent time outside Australia as a permanent resident in the 12 months immediately before making your application, as the holder of an interdependent visa and your interdependent partner was an Australian citizen during your periods of absence, you may treat those periods of absence as time in Australia if you had a close and continuing association with Australia during those periods of absence.

There are two catches:
  1. Your husband needs to hold an interdependent visa. Does he? Or he just got an independent 189 PR?
  2. It says "spent time outside Australia as a permanent resident". The issue his he was outside without a valid visa, as you said. It can raise an issue.
Still worth a try, it's only 3 days and it was a mistake in understanding. So, it's possible that DIBP might consider. But, I personally have no prior experience of that, so can't be sure about that.
 
J

John stuck in Singapore

Guest
Hi, I find myself in a similar situation.

I am in Singapore for a few days business. I was told while walking through AU customs that my Resident Return visa had expired.

I went online to renew it but it takes between 7 and 30 days to process. I submitted it.

I am set to return to Australia on Saturday morning only 2 days into processing. I am hoping they grant me the same 28 days Temporary Visa. I hope they take into consideration I have a family waiting for me at home.
 

MysticRiver

Administrator
Staff member
Messages
15,720
Points
113
Good luck, and let us know how it goes.
 

MysticRiver

Administrator
Staff member
Messages
15,720
Points
113
@Daniella can you please update your case?
 
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