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Posted

My Thai wife recently received her PR visa for OZ with a 5 year validity period. The requirement ( basically) is that 2 of these 5 years, one of which has to be the 5th, must be spent in OZ to qualify to apply for OZ citizenship at the end of the 5 years.

However, it looks like we cant meet these requirements in this 5 year period but are anxious not to jepardise getting her citizenship.

Can anyone tell me if it is simple enough to get a second 5 year PR visa renewal when this one expires & then, during that 5 year period, meet the settlement requirements. Will we lose our ' grandfather" status & have to meet the newer & more lengthy settlement requirements?

If not doing it now will prejudice her getting citizenship we will have to seriously re consider re jigging everything as it is a priority.

Any advice would be greatly appreciated as I cannot get it from the Embassy or website. Thanks muchly.

Posted

I have friends who have held PR status for zonks, one for 20 years and haven't got citizenship because of the "residency" rule.

One of my friends is Korean has a Korean born wife and two children born in Australia.His wife was able to get citizenship but because of his business commitments (he travels and spends lengthy times away from Australia) he doesn't qualify for citizenship.He argued that he runs a multi-million dollar company and is investing truckloads into the economy but this still didn't wash with the authorities.

It also must be two consecutive years from memory and viable reasons and supporting statements/proof as to why you can't meet the residency requirements.Every case is handled on an individual basis,I suggest you go directly to the Consul General to find out information and state your position.Websites and regular embassy employees will just brush off your enquiries and refer you to websites etc.All the best of luck!

Posted

as far as I understand, theres a slight distinction you need to make. since she has a PR which will expire in 5 years, at the end of the 5 year period she will need to apply for a resident return permit to enter australia again (IF you have not decided to apply for citizenship within this first 5 year period). you are not required or obliged to apply for citizenship (you can choose to and if you do then yes those conditions you cited in your post would apply). however since the PR is valid for 5 years, at the end of it she will need to either 1. reapply (which is what they call resident return permit) 2. already be a citizen to apply or 3. (I suppose lose either of the above rights). to get the resident return permit, yes you need to have lived there atleast 2 out of 5 years. and yes as MOMO stated, there maybe individual cases where they might make an exception, but you have to provide VERY VERY good reasons for why you didnt take up your residency. but again its not guaranteed they will accept (Id say its a very rare situation)

good luck

Posted

Read the Link MM posted it has all the info there...

If after 5 years she hasnt become a citizen and does not have an Oz passport she will have to get a resident return visa everytime she wants to leave the country and come back in again.

AFAIK there is no renewal for the PR 5 year visa.

She will have to meet the requirements for citizenship as they are at the time she applies.

Posted

It is estimated that there is about 1,000,000 foreign permanent residents in Australia who have not taken up Australian citizenship and they are mainly from the UK, USA, Canada and NZ. The advantages of citizenship are 1. Can hold an Australian passport 2. Stand for public office 3.Vote in Federal ,State and local government elections.

Otherwise you must make sure that you have a RRV and have it in your passport before you leave Australia permanent residency can be lost if you stay away too long.You do not have any problem if you do not leave Australia.Anyone who is eligible should obtain citizenship in the current political climate.

Posted

Thanks very much for the info.... I now see that it would indeed be better to go for it now as, like u intimate, it may become a lot more difficult in the future... so will re schedule everything to make it happen in these coming 5 years.

Thanks again.

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