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The Liberal government seems to be overhauling everything and anything with the word “Immigration” attached. Just when we all thought it couldn’t get any more interesting, changes to the Australian Citizenship requirements as well as general eligibility were announced!
By way of background, initial discussions earlier this year seemed to indicate that the proposed changes to Australian citizenship eligibility would likely be implemented at some stage this year. These changes were originally scheduled to come into effect on or around December 2017. We now have access to new citizenship requirements which are published on the Department of Immigration and Border Protection’s website with immediate effect.
Changes include:
As mentioned the effect is immediate which means that any applications made on or after 20 April 2017 are subject to the above rules. The Department assures that “the changes will not apply to applications made before 20 April 2017 (that is, the current rules will continue to apply to applications made before 20 April 2017)”.
If you have lodged an application for Australian Citizenship, the Department of Immigration may be in contact with you to request additional information as appropriate. If you are lodging an application on behalf of a client or yourself, you will need to be familiar with the new requirements to avoid any unnecessary delays with processing of your application.
As always, I am happy to hear your thoughts and comments: This email address is being protected from spambots. You need JavaScript enabled to view it.
Hi,
My husband and I started our online applications before 20 April. He submitted his after the 20th and the status is now 'received' but he hasn't heard anything else. I'm waiting to see what happens with his application before submitting mine. Do you know anything about whether the starting date of the application will be considered rather than the submission date? Thanks.
I requested a call back from the department of immigration. The waiting time is incredibly long! I called at 8:31am and there were 192 people in the queue already! I was called back at 11am.
Anyway, the agent who spoke to me was very decent and patient. She explained the following:
1- Applications are still accepted online and paperform.
2- There is currently no directive from the minister as to how to process applications submitted after 20 April up until the Act is passed in parliament, which is expected to be discussed by the end of the year. However, the agent mentioned that this could take place as early as October.
This means that either applications will be processed as if the requirements didn't change till the Act is discussed in Parliament. Alternatively, the department will put all applications on hold or shut down the Conferral Citizenship pathway till the Act is passed or the Minister provides clear directives.
Feels like gigantic Limbo!
I have applied my application on 25th April 2017. I am here on PR for 4 years(as on 23rd April 2017) and if new rules apply to my application, I wonder whether I have to take English test again? I got competent score in IELTS as part of my PR application(4 years ago). I guess that is technically not valid more than 2 years.
Immigration department should consider applicants, who already passed the English test as part of PR application.
The way I see it is that once you have permanent residence you can stay in Australia indefinitely. So why the big rush to get citizenship. If we have to wait longer then so be it. A permanent resident basically has all the same benifits as a citizen except you cant vote o get access to government student loans/cheaper uni fees.
Ayesha
Filling out an online application is NOT lodging an application. As Ali insinuates, you must pay fee before any application is considered valid.
Piya
Your question "How do they enforce this new law with legalising it?" What are you asking? Have you read my previous post which explains exactly how legislation is dealt with? Look it over and, if still confused, ask someone to explain it to you.
Chris
Only Australian citizens are entitled to stamp duty rebates and so someone who was eligible for Citizenship but missed the deadline may be punished by ten's of $1000s of dollars.
The real question is why was there such a rush to implement these changes [as with 457] without any forewarning/consultation? Would it be cynical to mention that a budget was due shortly after these changes were announced?
On 5/24/2017 at 07:25, dredg97 said:
Let's be honest, I do not agree with few aspects of the new proposal, but I understand and totally accept that the Government has the power to strengthen the process and introduce a new law. An Act can also be retrospective, even if a transitional period, as occurred in the past when the Citizenship Act 2007 was introduced, would probably be a more appropriate approach.
Having said that, what is truly unacceptable is how applications after April 20th are currently managed.
It is clearly stated that the applicable legislation CURRENTLY IN FORCE is the Citizenship Act 2007, see below:
https://www.legislation.gov.au/Series/C2007A00020
as such, the Citizenship Act 2007 should still be applied in the interim, until the new Citizenship Act 2017 (or 2018) is enacted, no matter if it will be retroactive or not.
it means how DIBP managed application lodged on or after 20/04/2017 is against the law - Citizenship Act 2007 !!
Collected
Hi Mili, see below my response. Submitted a new one instead of reply.