• MigrationDesk is a community, not an agent (nor is affiliated with any). You can post here without an account, but all unregistered posts will be queued for moderator approvals. You can register a free account to bypass moderation and enjoy additional features such as post notification, Live Chat etc.

Special residency Requirement And Citizenship: Medical Specialist

Tessa

Newbie
Messages
1
Points
1
Timeline missing
Hello All,

Has anyone successfully applied for citizenship using this section of the residency exemption rules?
  • a medical specialist, internationally renowned in their field, who is a fellow of an organisation listed in Schedule 4- Part 1 of the Health Insurance Regulations 1975 (Cth) and holds a relevant qualification in relation to the organisation
I've tried to follow the link to find Schedule 4-Part 1 of the Health Insurance Regulations 1975 (Cth) and it doesn't lead anywhere, so I'm unsure which qualifications are 'relevant'.

My application is a bit complicated! My husband and I are British and lived in Australia for 3 years from August 2015, became PRs in feb 2017 and had a son (a citizen in June 2017). We took regular trips for holidays out of the country, but lived and worked in Australia for this time. I take it every holiday taken is time out in terms of residency?

We left Australia in September 2018 as I am a medical specialist and was seeking further experience in my field. I am currently pregnant and we plan to move back to Australia for my maternity leave to enjoy time there and hopefully be eligible to apply for citizenship, but we'll just be outside the general residency requirement (by a few weeks) as I don't want to fly too close to the birth. I think I may be eligible for ministerial discretion, but my husband might not(he is not a specialist and was following my career).

I identify a few issues - even if I am successful in the ministerial discretion part to be eligible to apply, will my husband? Also, we will certainly be in the UK when the decision is made as I have two year contract. Will every holiday we took (eg a fortnight to NZ etc) count against our residency total?

Do we have any chance?
 

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113
Will every holiday we took (eg a fortnight to NZ etc) count against our residency total?
Yes unless you can claim an exemption based on ministerial discretion.

I am currently pregnant and we plan to move back to Australia for my maternity leave to enjoy time there and hopefully be eligible to apply for citizenship, but we'll just be outside the general residency requirement (by a few weeks) as I don't want to fly too close to the birth.
Are you saying you want to have your child in overseas? Any specific reason for that? Why not have the child in Australia, wait a few additional weeks to fulfill the residency criteria and apply for citizenship?

even if I am successful in the ministerial discretion part to be eligible to apply, will my husband?
I don't think so.
 

Imranium

Newbie
Messages
4
Points
1
Timeline missing
Hi,
I am an Australian national living in Dubai for past 10 years. My 4 kids are Australian national where as my wife is a Pakistani national with an Australian PR living with me in Dubai. During her PR she was unable to spend more than 3 months in Australia due to my business commitments in Dubai.
Does she qualify to apply for citizenship on the basis of ministerial discretion?

Thank you in Advance.
 

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113
Does she qualify to apply for citizenship on the basis of ministerial discretion?
Which section of ministerial discretion are you hoping to engage with?
 

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113
First 2 criteria are straight-forward to understand. You have to put efforts to prove the 3rd.
DHA said:
If you are the spouse or de facto partner of an Australian citizen, or surviving spouse or de facto partner of an Australian citizen at the time you make your application, and you spent time outside Australia as a permanent resident in the 4 years immediately before making your application, you may treat those periods of absence as time in Australia if, during each period of absence:
  • you were the spouse or de facto partner of that Australian citizen, and
  • they were an Australian citizen, and
  • you maintained a close and continuing association with Australia.
 

MysticRiver

Administrator
Staff member
Messages
14,980
Points
113
Right, any suggestions on what we can do for the 3rd criteria?
Well, usually closed tie means property/kids school/immediate family in Australia etc. So, I am not sure if any of those applies to your wife.
 
Consider before posting:
  • Do not post the same thing in multiple places.
  • No personal contact and/or non-English phrase is allowed.
  • Always post in a relevant thread or open a new one.
  • Better to use the reactions in a post to congratulate/thank.
Top