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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.
But who said they don't allow people to apply? DIBP didn't explicitly announce that application lodged after the 20th will be dealt with any differently. In all reality, the DIBP statement on the IMMI account is pretty clear in that the new requirements will only come into effect after the 20th of April subject to the parliament passing the Act. So unless you know something else, as far as I'm concerned, applications are expected to be processed on the same grounds before or after the 20th until the Act is passed. We shall see!
That is not correct. the Department has a notice published o the Immiaccount front page
It says
Australian citizenship applications
The changes to the requirements to become an Australian citizen will come into effect, and apply to applications made from the date of the Government’s announcement on 20 April 2017. The changes will not apply to applications made before 20 April 2017. Applicants will receive communication on the implementation of these measures and any additional information and documentation that may be required to support their application.
Please do not publish false and misleading information. this announcement was also listed i the Minister's notice
Thank you for clarifying your point. It would help if you didn't have to use big words like "false and misleading". Last time I checked, the truth had many sides to it and was certainly not owned by anyone. So please show some humility in your choice of words. I read a different statement when I lodged my own application. The statement was different from the one you posted. It clearly made a point that enacting the new residence requirement is subject to passing the Act in parliament. And that if it did pass, it will come into effect retrospectively from the 20th of April.
The new laws apply from 20th April. Applications do not need to held until legislative changes are tabled and passed by Parliament. Please read all earlier posts to see my comments on legislation being able to implemented at any time and will be set in stone when passed by Parliament. It is pointless to ask questions without reading posts that explain exactly what you ask and how this is possible.
Robert, I have read all your comments. It is however not clear what happens to applications lodged after the 20th of April. You talk about laws are passed etc. which however does not my question ' are all applications lodged after the 20th Apr on hold'
A department of immigration agent however has answered my question. I was advised that all apps lodged after the 20th are on hold until it is clear what changes will come into effect - which is likely to be DEC 17. I know a case where an application lodged on the 1st and the test date as soon as the 13th of June so it is possible to get an interview date within 3 months.
You may have received an answer but, as DIBP case officers are fond of saying "I place very little weight on" what any single DIBP staffer has told you. Experience has shown that were the same question asked of several other staffers you might receive as many different answers. Try asking again and see if you receive the same answer since it seems that at this time nothing is clear.
I still maintain that they are legally entitled to apply new conditions until and unless the laws are not passed by Parliament. A major backlog of applications creates more problems than it solves. Were the changes to fail to be enacted, the cases already dealt with would have to redressed. This would not set any precedent as it has happened many times in the past.
How come these changes are applicable immediately when the immigration Act has not been approved from the parliament and senate. The whole concept of democracy goes down the drain with these kind of abrupt changes.
Can't understand the whole government mechanism. It seems Peter Dutton has the power to make executive decisions without approval from any legislative bodies. Doesn't make sense at all.
People should get together and challenge this in HC as it's not legitimate.
Hi All
I applied for my wifes citizenship online at approx 8am on 20 April, it was confirmed as received and paid for moments later. My question is that in the goverments release paper, it states that it comes into effect on or after the goverments announcement on 20 April - am I able to seek consideration due to lodging the application before the announcement was made ?
I've lived in Australia for 5 years on a PR and submitted my citizenship on 22nd April, any idea if i would have to pay $360 for RRV to return to the UK for a holiday?
I applied for my citizenship on the 29 th of April.
Just had an email from the department of immigration stating my application will be delayed as lodged after the 20th until it is clear what changes are coming into effect and how it's going to affect me.
Good luck all we all in for a long wait....
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it means how DIBP managed application lodged on or after 20/04/2017 is against the law - Citizenship Act 2007 !!
I fully agree with you , Still opposition (Labor) has not accepted , how come DIBP can enforce before and after April 20 ?? They have to allow people to apply for Citizenship till the act is passed in parliament