Special Residence Requirements

The Coalition recognizes that a number of circumstances may arise when the additional flexibility provided for in the Bill is clearly in the national interest. People engaged in skilled work or sporting activities that involve extensive overseas travel and activities outside Australia may have difficulty meeting citizenship requirements. Representation on Australian sports teams may be restricted if citizenship requirements are not met before selection procedures take place. [32] If you are travelling by air or boat and the ship is not entering another country, you will be deemed not to have left Australia while in transit or as a passenger or crew member; and you do not remain outside the migration zone beyond the prescribed period (section 80 of the Migration Act 1958). The prescribed time limit is 30 days (Regulation 3.07). Notwithstanding page 80, in order to satisfy the residency requirement, if the vessel is outside Australia, you will be deemed not to be present in Australia. However, they may be assessed against the special residence requirement set out in section 22B (persons performing a particular type of work requiring regular travel outside Australia – discretionary powers and exceptions to Australian citizenship residency). However, the alternative residency requirement can only be applied if you also meet all other criteria for Australian citizenship, including the intention to reside or continue to live or maintain a close and lasting connection to Australia. §§ 22A(1A) and 22B(1A) – alternative residency requirements To underline the importance of presence in Australia as a means of understanding the Australian way of life and the commitment made by the promise of citizenship, the applicant must undertake in writing to the Minister that, if they acquire citizenship through the exercise of special authority: In order to take into account other residency requirements, The To consider Australian citizenship, you must: Section 22 of the Act sets out the general residency requirement.

With a few minor exceptions noted below, in order to meet the general residency requirement, an applicant must have been in Australia four years prior to the date of application[14] and must not have been an illegal non-citizen during that period. [15] He must also have resided permanently twelve months before the date of the application. [16] The Australian Citizenship (Special Residency Requirements) (Amendment) Bill 2013 (the Bill) seeks to amend the Australian Citizenship Act 2007[2] (the Act) to insert the Minister`s discretion to apply “alternative residency requirements” instead of “special residency requirements” to certain persons who have applied for Australian citizenship. The persons concerned are those who carry out activities or work of interest to Australia and who must either be Australian citizens to participate in these activities or have their seat in Australia but whose work is often outside the country. Hi Mason, Yes, we have certainly helped people with citizenship with various special residency requirements. The process is always more or less the same, with the additional requirement of proof of course to prove that you are involved in the relevant specified work or activity. For example, for the exemption of scientists – we provided the applicant`s doctoral certificate, a letter from the university confirming that he was employed for the period in question, and a separate letter certifying that this work is useful for Australia. If you would like to discuss this further, please contact us at [email protected] or book a consultation. Sincerely, Hannan Tew If you do not meet the above criteria, you may have some ministerial discretion and be exempt from the “residency requirement”. Hi John, you may be able to meet the special residency requirement based on “Research and development of interest to Australia as a scientist who has obtained a Doctor of Philosophy in his/her field and employed at an Australian university`. Feel free to contact us at [email protected] to discuss more information.

Regards, Hannan TTew Hello, considering this article, I am the founder and CEO of a startup in the field of AI. Participated in global programs and raised funds. I am interested in the global visa to hopefully get citizenship as part of the special residence. However, this new exemption excludes Distinguished/Global Talent visa holders who have received an invitation from the ministry to apply. This means that the above special residency exemptions do not include individuals who have obtained their Distinguished/Global Talent visa through the Global Talent Independent (GTI) program. `(g) an internationally recognised specialist practitioner in his or her field who is a member of an organisation listed in Annex 4 – Part 1 to the Health Insurance (Cth) Regulations 1975 and who has the relevant qualifications in relation to the organisation; The bill will relax the law so that the minister can exercise his discretion to grant citizenship to individuals who have difficulty meeting the residency criteria in their current form. Ministerial discretion – general residence (discretionary powers and exceptions for Australian citizenship) Some individuals may meet the “special residence” requirements and may be entitled to periods of residence reduced to those noted above. This includes persons who: [The Bill] is intended to apply in exceptional circumstances where it is in Australia`s national interest to have greater flexibility and discretion during the waiting period to apply for citizenship. Currently, the Minister of Immigration and Citizenship has no discretion in these cases. If the special residency criteria currently set by law are not met, citizenship cannot be granted.

This may lead to results incompatible with Australia`s national interest. [33] Legislative Instrument – Australian Citizenship (special residence requirements) Instrument (LIN 21/069) 2021 – sets out the activities under subsection 22A(1)(a)(i) of the Act, the organizations for section 22A(1)(b) of the Act and the types of work for section 22B(1)(a) of the Act for a person applying for Australian citizenship by transfer (the applicant) and wishing to meet a special residency requirement. All applicants must still comply with section 21 of the Citizenship Act. Discretionary powers and exemptions for Australian citizenship – residency requirements or having lived in Australia are necessary to ensure that a person wishing to become an Australian citizen has spent sufficient time in Australia to understand Australia and the responsibilities and privileges of an Australian citizen.

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