That’s what I thought but my lawyer reached out to me and said that we should file the citizenship application as it is taking 2 years to process. At this time, I have neither completed 5 years from the application date not obtained a language certificate. I have asked for the cost and efforts involved in the process.
Basically, the only good thing for us GV applicants to come out of the TC decision is that it has delayed the legislation. This will allow some additional number of of us to apply for citizenship under the current 5 years from application rules (alas, since I only am eligible in May, I doubt this will include me).
Considering the overwhelming majority by which the legislation passed originally, I do not expect parliament to have any difficulty passing a law revised to excise the unconstitutional portions. That said, it is still worth trying to lobby for grandfathering.
Hey smh! I did not mean to come across as a troll, just got overexcited about the opportunity to sign yet another petition, and so was really keen to have you join me in the happy petitioners club. Indeed I fully share your privacy concerns, in fact I have lost my first GV lawyer over this as he was unable to open my pdf-encrypted passport file and I have lost my temper on him a little bit..
I am indeed considering the exact same option now, having listened to the webinar on D7 (that’s the D7 section of the TC ruling, not to be confused with D7 as the D7 visa type). Already started my A2 course in the meantime, I guess it can also be future-dated as per D7 as long you start the course before the law changes.
The trick is not to give them your CdT now so they cannot refuse at the time of submission, but refusing at the time of the decision would be unconstitutional as per D7.
Have now listened to both these videos - in my last post above- and to be honest it’s not entirely clear. Based on @tommigun posts just above, is the suggestion that as long as your citizenship application is submitted BEFORE any new law takes effect then you can benefit from the current law (ie 5 years residence counting from application) EVEN IF at the time you submitted the citizenship application you hadn’t yet reached the 5 years of residence, because you’d be counting on the long citizenship processing time, so that by the time they get round to dealing with your citizenship application you would have reached the 5 years of residence? And so you only have to make sure that the CdT is only supplied after you have 5 years residence counting from application date?
It is not explicit. This is an option to keep in a back pocket whilst continuing to lobby the AR so they could do the right thing while they still can.
Is the risk based on being a long way off from 5 years, so that there’s a high chance they process/decide your application before you reach 5 years? Or is it due to it being simply inadmissible to submit a citizenship application before having the full 5 years, even if you had something like 4+ years, say 4 years and 6 months?
Sure we can continue to lobby the AR, but just want to know if it is accepted under the current law to submit before 5 years from application, provided you have the 5 years by the time they look at/process/decide your application?
I don’t yet know the detailed stages of the citizenship application as I haven’t yet got there.