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2017 Ministerial discretions - exemption on residency requirements

MysticRiver

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Source: DIBP website

The Minister has discretionary powers to vary the residence requirement in the following circumstances, if you will be in Australia at the time your application is decided. If you will be overseas during this period, only discretions 5 and 6 below apply.

  1. If you were in Australia unlawfully as the result of an administrative error, then that period of time may be treated as lawful residence.
  2. If you were in Australia lawfully but not as a permanent resident as the result of an administrative error, then that period of time may be treated as a period of permanent residence.
  3. If you were in Australia lawfully, but not as a permanent resident, then that period of time may be treated as a period of permanent residence if you would otherwise suffer significant hardship or disadvantage.
  4. If you were in prison or a psychiatric institution, then that period of time may be counted towards the residence requirement if it would be unreasonable not to do so, taking into account the circumstances that led to your confinement.
  5. 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.
  6. 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.
 
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