When you become an Australian Citizen, you can live and work in Australia without restriction

Australian Citizenship

 

The most common way to apply for and receive Australian citizenship is through conferral or descent.

Conferral involves meeting the eligibility requirements and passing the Australian citizenship test.

In some instances, you may be entitled to Australian citizenship through adoption or resumption.

If your citizenship has been revoked, you may be eligible to appeal the decision via the Administrative Appeal Tribunal (AAT).

 

Why become an Australian Citizen?

 

When you become a citizen, you can live and work in Australia without restriction.

You can also continue to enjoy the democratic Australian lifestyle.

Citizens are granted the right to apply for an Australian Passport, allowing them to enter over 150 countries without a visa.

Australian citizens can also take advantage of Australian consulate assistance whilst overseas (e.g., an Australian Embassy).

You may also vote and participate in Australia’s political atmosphere, and even enter Australian politics as a professional.

Other benefits include:

  • Work in Federal Government;
  • Work in the Defence Force;
  • Eligible for Jury Duty;
  • Apply for HELP loans (e.g., HECS);
  • Move permanently to New Zealand; and
  • Your children automatically become Australian citizens.

 

Australian Citizenship by Conferral

 

Becoming a citizen by conferral is the most common avenue to gaining Australian citizenship.

To become a citizen by conferral, the applicant must be one of the following:

  1. A permanent resident or eligible New Zealand citizen (with special rules for those aged 60 years or over, or 15 years or younger and applying alone);
  2. Born overseas to an Australian citizen;
  3. Born to a former Australian citizen;
  4. Born in Papua before independence in 1975; or
  5. Stateless and born in Australia.

All applicants must satisfy the character requirements if aged 18 years or older.

 

1. Permanent Residents or Eligible New Zealand Citizens

Eligible permanent residents or New Zealand citizens can apply for Australian citizenship.

The applicant must be a permanent resident or eligible New Zealand citizen at the time of lodging their citizenship application (and when the decision is made on the application).

Generally, the applicant must also be in Australia when a decision is made on the application.

The applicant must have also spent significant time in Australia, have significant knowledge of Australia (which is proven by passing the Australian citizenship test), and intend to live in Australia as their primary place of residence.

The applicant must also maintain a strong and continuing link to Australia, meet the language requirements, and the residency requirements.

The residency requirements include:

  • Living in Australia with a valid visa for the past 4-years;
  • A permanent resident or eligible New Zealand citizen for the past 12 months; and
  • Must not have been away from Australia for more than 12 months in total (in the past 4 years) and no more than 90 days in total in the past 12 months.

If the applicant is aged 60 years or over, they do not need to undertake the Australian citizenship test as part of the citizenship application process.

If the applicant is 15 years or younger (applying on their own), they must satisfy one of the following:

  • Residing with an Australian-citizen parent who consents to the application; or
  • An Australian resident in Australia with a parent who consents to the application, who is a permanent resident and they meet the residence requirements but has decided not to apply for Australian citizenship due to their commitment to citizenship of another country; or
  • The applicant will suffer significant hardship if they do not become an Australian citizen (the applicant must be residing with a parent who consents to the application and is not an Australian citizen).

The application may be impacted if the applicant’s parent is not considered to be responsible by the Department of Home Affairs.

 

2. Born overseas to an Australian Citizen

Applicants who were born overseas to an Australian citizen may apply for Australian citizenship.

The applicant must have been born on or after 26 January 1949, or born outside Australia through an international surrogacy arrangement.

 

3. Born to a former Australian Citizen

Applicants who are born to a former Australian citizen may eligible for Australian citizenship.

Former citizens may automatically lose their Australian citizenship by acquiring citizenship in another country.

In this case, children of former citizens can apply for Australian citizenship subject to the right evidence.

 

4. Born in Papua before 1975 (independence)

Applicants who were born in Papua before 16 September 1975 to an Australian-born parent (who was an Australian citizen at the time of the applicant’s birth) may be eligible for Australian citizenship.

 

5. Stateless and born in Australia

Stateless refers to people who are not recognised as a citizen of any country.

Applicants who were born in Australia and are stateless may be eligible for Australian citizenship.

To be eligible, the applicant must have been born in Australia on or after 1 July 2007.

 

Other ways to become an Australian Citizen

 

Applicants may also be eligible for Australian citizenship through adoption or resumption.

If adopted outside Australia by an Australian citizen via the Hague Convention (or a bilateral arrangement), the applicant may be eligible for Australian citizenship.

Additionally, the applicant may resume their citizenship if they were once an Australian citizen but gave up or renounced their citizenship.

Resumption is subject to a variety of factors and is not guaranteed.

 

Frequently Asked Questions

How to apply for Australian Citizenship?

An application for Australian citizenship must be submitted through the Department of Home Affairs.

Processing times vary and are impacted by a variety of factors, including the quality and completeness of the application.

Our registered migration agents and migration lawyers can help explore your options for gaining Australian citizenship.

We can also assist with preparing and lodging your application.

If your application has been refused, you may be eligible to apply for a review of the decision at the Administrative Appeals Tribunal (AAT).

How long does it take to get citizenship in Australia?

The general processing times for each application type are as follows:

Conferral 7 – 19 months; and

Descent 52 days – 5 months.

Processing times are influenced by several factors, including the quality of an application, type of application, and demand currently experienced by the Department of Home Affairs.

Will I lose my current citizenship if I become an Australian citizen?

Australia does not require new citizenship applicants to renounce their current citizenship.

However, you may lose your citizenship of your previous country subject to their citizenship laws.

For example, New Zealand, the UK, the Philippines, Italy, and Bangladesh allow dual citizenship with Australia; while China, India, Indonesia, and Malaysia do not allow for dual citizenship.

Is my previous re-entry visa still valid once I become an Australia Citizen?

No. You no longer require a visa to enter Australia.

You may travel freely in and out of Australia with your Australian passport.

Will an adopted child from overseas automatically become an Australia Citizen?

No; however, the child may still be eligible to apply for Australia Citizenship.

 

Contact Us

 

Contact Bambrick Legal to schedule a consultation with our migration team. Our team is fluent in English, Mandarin, Cantonese, Spanish, and Italian.

Read more about our migration law services here.

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