22ASpecial residence requirement—persons engaging in activities that are of benefit to Australia

22A Special residence requirement—persons engaging in activities that are of benefit to Australia

(1) Subject to this section, for the purposes of section 21 a person (the applicant) satisfies the special residence requirement if: (a) the following apply: (i) the applicant is seeking to engage in an activity specified under subsection 22C(1); (ii) the applicant’s engagement in that activity would be of benefit to Australia; (iii) the applicant needs to be an Australian citizen in order to engage in that activity; (iv) in order for the applicant to engage in that activity, there is insufficient time for the applicant to satisfy the general residence requirement (see section 22); and (b) the head of an organisation specified under subsection 22C(2), or a person whom the Minister is satisfied holds a senior position in that organisation, has given the Minister a notice in writing stating that the applicant has a reasonable prospect of being engaged in that activity; and (c) the applicant was present in Australia for a total of at least 180 days during the period of 2 years immediately before the day the applicant made the application; and (d) the applicant was present in Australia for a total of at least 90 days during the period of 12 months immediately before the day the applicant made the application; and (e) the applicant was ordinarily resident in Australia throughout the period of 2 years immediately before the day the applicant made the application; and (f) the applicant was a permanent resident for the period of 2 years immediately before the day the applicant made the application; and (g) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 2 years immediately before the day the applicant made the application. Ministerial discretion—alternative residence requirements (1A) The Minister may, by writing, determine that paragraphs (1)(c) to (g) do not apply in relation to the applicant if: (a) the Minister is satisfied that paragraphs (1)(a) and (b) apply in relation to the applicant; and (b) the Minister is satisfied that the applicant satisfies: (i) paragraphs 21(2)(a), (b), (d), (e), (f), (g) and (h); or (ii) paragraphs 21(3)(a), (b), (d), (e) and (f); or (iii) paragraphs 21(4)(a), (b), (c), (e) and (f); and (c) the applicant was a permanent resident throughout the period of 90 days immediately before the day the applicant made the application; and (d) the applicant was not present in Australia as an unlawful non‑citizen at any time during the period of 180 days immediately before the day the applicant made the application; and (e) the applicant has given the Minister an undertaking in a form approved by the Minister under subsection (8); and (f) the applicant has declared, in the undertaking, that: (i) if the applicant becomes an Australian citizen in circumstances where the Minister exercises the power under this subsection, the applicant will be ordinarily resident in Australia throughout the period of 2 years beginning on the day the applicant becomes an Australian citizen; and (ii) the applicant understands the effect of section 34A.