A member asked almost 7 years ago

australian citizenship-special residence requirement

Hi,
I would like to know if I am eligible for special residence requirement.
I have completed my PhD from an Australian University. I am currently employed as postdoc researcher (scientist) at an Australian University.
I have been in this position for 1 year, and I have recently completed 1 year as a permanent residence too.

I have been through the immigration website which does list my profession as special residence.
But I am not sure what document should I provide for this and how long should I be holding this position for? Also if I am eligible to apply ?
Should I be actively in this position during the application process ?
Kind regards.

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. There are several ways to obtain Australian citizenship. For migrants, one option is to first obtain permanent residence and then, once eligible, apply for citizenship. To apply for citizenship in this way, the applicant must: be a permanent resident, meet the resident requirements, be of good character, and intend to live or maintain a close connection and continuing association with Australia.

The ‘residence requirement’ refers to the amount of time you have been a permanent resident and remained in Australia before applying for citizenship. Under the general residence requirement, under new laws effective from 20 April 2017, an applicant must show at least 4 years’ permanent residence immediately prior to their application for citizenship. This means that, under the general rules, you will need 4 years of permanent residence before you apply for citizenship.

However, if you are a scientist employed by an Australian university who has obtained a PhD in your field of speciality and are undertaking research and development of benefit to Australia, then the ‘special residence requirement’ may apply. The special residence requirement allows you to travel outside Australia within the 4 years of permanent residency if your travel is for work purposes. To be eligible for the special residence requirement, you must have worked in your job for at least 2 years and have been living in Australia for a total of 16 months (480 days) during the 4 years before you apply for citizenship, with at least 4 months (120) days of that time in the year immediately before your application.

For you, although your occupation as a scientist at an Australian university may qualify for the special residence requirement, it appears that you have not held that job for long enough (minimum 2 years). Once you do become eligible, you need to provide additional documentation with your citizenship application. Specifically, you must provide a letter of support from your employer confirming details of your work employment as a scientist at an Australian university and the nature of your work. You will also need to provide proof that, although you spent periods of time overseas, your home has been in Australia. This evidence may include the presence of a spouse or children in Australia, evidence of property held in Australia, tenancy agreements, rates notices, etc.

Suggested way forward

Immigration law is complicated and, for political reasons, subject to change. You should speak to an immigration lawyer about exactly what you need to do to apply for Australian citizenship. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced immigration lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered almost 7 years ago   Legal disclaimer

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