Australia passes HSMP-like law, but not retrospective

[alientrader]

Something Interesting, Australia recently changed its Permanent residence law, from 2 years to 4 Years. BUT this is not retrospective at ALL. Pls read BELOW
For our case,We MUST aggressively put forward that the HOME OFFICE's position does not CONFORM to international standards at ALL.


Feb 26, 2007
Canberra - Australian citizenship will be harder to obtain after federal parliament approved the biggest overhaul of citizenship laws in almost 60 years.
Migrants now must spend four years in Australia before being eligible for citizenship - double the previous requirement of two years.
The security department will be able to veto a person's citizenship application if it deems him or her to be a direct or indirect security risk.
It raises the age at which people become exempt from having to pass a basic English test, from 50 to 60 years.
The changes passed the Senate on Monday night after the House of Representatives approved them in last November.
More debate on citizenship is due later this year when the government moves to introduce tough measures requiring migrants to pass general knowledge tests before being granted Australian citizenship. - AAP

Will they affect current permanent residents?

The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation.
People who are permanent residents before the commencement of the new legislation will only need to meet the current residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences.


[ EDIT by Admin to fix code ]

[olisun]

Something Interesting, Australia recently changed its Permanent residence law, from 2 years to 4 Years. BUT this is not retrospective at ALL. Pls read BELOW
For our case,We MUST aggressively put forward that the HOME OFFICE's position does not CONFORM to international standards at ALL.


Feb 26, 2007
Canberra - Australian citizenship will be harder to obtain after federal parliament approved the biggest overhaul of citizenship laws in almost 60 years.
Migrants now must spend four years in Australia before being eligible for citizenship - double the previous requirement of two years.
The security department will be able to veto a person's citizenship application if it deems him or her to be a direct or indirect security risk.
It raises the age at which people become exempt from having to pass a basic English test, from 50 to 60 years.
The changes passed the Senate on Monday night after the House of Representatives approved them in last November.
More debate on citizenship is due later this year when the government moves to introduce tough measures requiring migrants to pass general knowledge tests before being granted Australian citizenship. - AAP

Will they affect current permanent residents?

The new residence requirements will only apply to people who become permanent residents on or after commencement of the legislation.
People who are permanent residents before the commencement of the new legislation will only need to meet the current residence requirements (presence in Australia as a permanent resident for periods amounting to two (2) years in the last five (5) years including one (1) year in the last two (2) immediately prior to making the application) provided they applied within three (3) years from the day the legislation commences.

Since when did any country in the world had to implement their laws (immigration) according to international standards?


[ EDIT by Admin to fix code ]

[Dawie]

Alientrader, first of all Australia's new laws regarding the change in the amount of time required to obtain permanent residency have absolutely nothing to do with, or related to, the UK's Highly Skilled Migrant Programme, so the title of your post is inaccurate.

I'm guessing what you are trying to compare the Australian changes to, in your retarded, ill-informed hysterical way, is the change in the UK's rules regarding the amount time it takes to get indefinite leave to remain.

Please, if you are going to get all hysterical, at least be factually correct.

[Christophe]

Alientrader, first of all Australia's new laws regarding the change in the amount of time required to obtain permanent residency have absolutely nothing to do with, or related to, the UK's Highly Skilled Migrant Programme, so the title of your post is inaccurate.

I'm guessing what you are trying to compare the Australian changes to, in your retarded, ill-informed hysterical way, is the change in the UK's rules regarding the amount time it takes to get indefinite leave to remain.

Please, if you are going to get all hysterical, at least be factually correct.

Well, whatever the rights and wrongs of Alientrader's implied arguments, I really don't think he ought to be called retarded or his post called hysterical.

But you're right in that there is no reason why the UK ought necessarily to follow or be influenced by what Australia does in relation to its requirements for grant of citizenship.

[JAJ]

Something Interesting, Australia recently changed its Permanent residence law, from 2 years to 4 Years.

Australia changed its citizenship law. Nothing to do with permanent residence.

[Administrator]

.

Australian senate passes new immigration legislation
http://workpermit.com/news/2007_02_27/a ... passed.htm

The Senate passed their version of the changes with amendments. It will go back to the House. It's still a few months (at best) away from being a new law ... but it is the look of what the new changes will be like.

And, yes, the residency requirement is for applying for citizenship.

Other resources :

http://jurist.law.pitt.edu/paperchase/2 ... erhaul.php
http://parlinfoweb.aph.gov.au/piweb/vie ... LS&TARGET=

I don't recall any specific discussion regarding retrospective or not. Need to look into that.

And, I'm bumping this into the Australia forum since I can't find the least relation to HSMP or British immigration in this topic.

The Admin

[lemess]

in your retarded, ill-informed hysterical way, is the change in the UK's rules regarding the amount time it takes to get indefinite leave to remain.

Please, if you are going to get all hysterical, at least be factually correct.

I'm pretty sure you don't see the irony in the way your response is worded !

[Christophe]

.I don't recall any specific discussion regarding retrospective or not.

I think that the point was that under the Australian changes there will be a "grandfathering" arrangement whereby the new residency requirements for citizenship will apply only to those who become residents after the legislation is enacted. The original poster was seeking to draw a comparison between that and the situation in the UK that has meant that (broadly speaking) people who thought that they would need 4 years to gain indefinite leave to remain now require 5 years. But the two situations are not really directly comparable: they're in different countries with different circumstances, and the Australian change relates to requirements for grant of citizenship whereas the British change relates to requirements for gaining settled status.

It's also worth noting that the new citizenship legislation in Australia will alter aspects other than residency requirements as well.