On 27 February 2006, the Senate Legal and Constitutional Legislation Committee completed its report on the Australian Citizenship Bill 2005 and Australian Citizenship (Transitionals and Consequentials) Bill 2005.
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http://www.aph.gov.au/Senate/committee/legcon_ctte/citizenship/report/index.htm
节选有关等待期从两年变三年的部分．
Increased residential qualifying period
3.16 Many witnesses acknowledged the importance of a suitable residential qualifying period[55] but argued that the additional twelve month period is unlikely to make a significant contribution to national security protection. However, it would affect over one million existing permanent residents, many of whom it is envisaged have made plans based on the existing rules.[56] Concerns were expressed about the unintended and adverse consequences that will be experienced by this group and the further delay in achieving citizenship that will be experienced by current temporary entrants.[57] The Committee was also told that security checks of temporary entrants and applicants for permanent residency are already in place.[58]
Entitlements
3.17 In relation to entitlements, the Commonwealth Department of Family and Community Services (FACS) advised that the extended residential qualifying period is unlikely to affect a person's eligibility for social security payments and family assistance. Eligibility for these entitlements is generally possible for people who reside in Australia and have permission to remain here permanently.[59]
3.18 However, a number of witnesses indicated the way in which the change in residency requirements will affect them personally. For example, the delay in qualifying for access to HECS assistance for families unable to afford upfront fees was raised as creating a significant financial problem for some.[60]
Globalised economy
3.19 The Committee was also told of more indirect effects that could result from the rule change. Fragomen Australia argued that citizenship law is a factor in whether Australia is a competitive environment and able to attract and retain highly skilled migrants.[61] Approximately 50,000 people enter Australia on the Temporary Business Entrants (Long Stay) Subclass 457 visa and many remain permanently under the Employer Nomination Scheme (ENS).[62] Recent changes to the ENS and the projected changes to citizenship criteria would mean that in most cases it would be necessary for a person to remain in Australia for at least five to six years to qualify.[63] Corporate executives and skilled technical people are often required to move and the longer residency requirement will be a barrier to Australia's ability to retain them or attract them back to the country.[64]
Ministerial discretion to waive residency requirements
3.21 The Minister may, under certain conditions, exercise discretion to count periods of temporary residency or a period spent overseas as a permanent resident, toward the residency requirement. The discretion may be exercised where the person would otherwise suffer significant hardship or disadvantage or was engaged in activities beneficial to Australia.[67]
3.22 There is currently no indication as to how 'significant hardship or disadvantage' or 'activities beneficial to Australia' will be defined and interpreted. However, in relation to the latter, the Department indicated that currently 'beneficial to Australia' is limited to economic benefit but under the new legislation the definition would be more generous.[68] For example, spouses of Australian citizens who are in Australia with their families are likely to be catered for in Departmental policy guidelines. The Department also indicated that proposed subsection 22(7) would be amended to allow for up to 24 months temporary residence to be taken into account.[69]
Committee view
3.23 The Committee notes that consideration of adverse consequences for many law abiding residents is important. The Committee notes that New Zealand exempted existing permanent residents when it introduced changes to the residential qualifying period in 2005.[70] Applying the new rules to future permanent residents would be a clear and unambiguous way of achieving that objective.
3.24 The Committee recognises that for many migrants, and especially many refugees, the security of citizenship has important psychological and social benefits. In addition to rights of political participation, citizenship signifies Australia's commitment to an inclusive, diverse and tolerant community. In an environment of acute skills shortage with an ageing population it is also important to attract and retain skilled migrants. The Committee therefore encourages the Government to ensure these principles are fully expressed in the Departmental guidelines. In particular, that the interpretation of 'significant hardship or disadvantage' and 'activities beneficial to Australia' should encompass the breadth of social, cultural and economic factors relevant to a wide range of groups within the Australian community.
Recommendation 6
3.25 The Committee recommends that the Government apply the new residential qualifying period to permanent residents who are granted permanent residency on or after the date of commencement of subdivision B.
Recommendation 7
3.26 The Committee recommends that the policy guidelines ensure the concepts of 'significant hardship or disadvantage' and 'beneficial to Australia' are interpreted broadly to include social and cultural factors as well as economic considerations.
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希望大家都只等两年就拿到ＣＩＴＩＺＥＮ．
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