Becoming an Australian Citizen
If you want to become an Australian citizen, you must meet the Australian citizenship residency requirement.
Most people become citizens through a process called citizenship by conferral, which generally requires meeting the residence requirement and passing the citizenship test.
What is the General Residence Requirement for Australian Citizenship?
Section 22 of the Australian Citizenship Act 2007 specifies a general residence requirement. Consequently, there are residency requirements that apply to permanent residents who either have a permanent visa or Australian permanent residency. First, know that permanent residency and Australian citizenship are not the same thing.
- Permanent residents with a valid visa or permanent residency status are allowed to live, work, and study in Australia for as long as they want.
- But only Australian citizens have full legal rights, such as the right to vote and hold an Australian passport.
In this context, ‘permanent residence’ refers to having a permanent visa or Australian permanent residency status. The laws set out specific residency requirements that must be met before applying for citizenship.
How to Meet the General Residency Requirements
Generally speaking, to satisfy the general residency requirements, you must:
- Have been present in Australia for the four (4) years immediately before you lodge your citizenship application, as either a permanent resident or eligible new zealand citizen.
- Not have been present in Australia as an unlawful non-citizen during those four (4) years; and
- Have been present in Australia as a permanent resident for the twelve (12) months immediately before the date on which you make your citizenship application.
Note: If you hold a permanent residency visa or have travelled on a resident return visa, you should ensure your time outside Australia does not exceed the allowed limits.
Permanent residents must show close and continuing ties to Australia when applying for citizenship without meeting the residency requirement. If you don’t meet the above criteria, it helps if you can demonstrate a close and continuing association with Australia, such as through:
- Family unit ties
- Interdependent relationships
- Australian ownership of property
Meet the Character Requirement
If you are over 18, you must have “good character.” to become an Australian citizen. Your previous and current behaviour will be evaluated to make sure you pass the Character Test according to the Migration Act.
Complete the Citizenship Test
- Most applicants for Australian citizenship are required to pass a citizenship test
- The citizenship test is designed to help future citizens understand Australia’s values, history, and democratic beliefs.
Australian Citizenship by Conferral for Permanent Residents
Permanent residents apply for Australian citizenship by conferral and by descent. They do this by:
- Meeting the residency requirement
- Showing their knowledge of Australia
- Demonstrating their commitment to the country
- Proving their character
- And passing the Citizenship Test (if required)
Special Residence Requirements
- Permanent residents who do not meet the above criteria may still be eligible under special residence requirements.
- Certain distinguished talent visa holders may be subject to special residency requirements instead of standard residency requirements if they apply for citizenship.
New Zealand Citizens: Special Category Visa
New Zealand citizens holding a Special Category Visa (SCV) are also recognised under special provisions.
- This provision allows New Zealand citizens living in Australia on a Special Category Visa (without permanent residency status) to apply for Australian citizenship after four years of residence.
- Eligible New Zealand citizens can apply for an exemption by submitting a citizenship application with supporting evidence that explains their situation and their eligibility.
Exemptions to the Residence Requirement
While most applicants for Australian citizenship must meet the general residence requirement, some migrants can qualify for an exemption for their time spent living in Australia on a valid visa. These exemptions recognise people who have either:
- Made a significant contribution to Australia
- Faced a genuine hardship or disadvantage that prevented them from meeting the standard residence requirements.
Common exemptions include:
- A serving member of the Australian Defence Force
- When the Minister changes the residency requirements (which is rare)
- Those engaged in a specified activity that a government agency or a National organisation supported.
- Those working in an Australian medical research institute or holding an executive or specialist role in a company
Exemptions for Children
- Children 16 or 17 years old can be waived from meeting the citizenship requirement if it would cause significant hardship.
- Children under 16 do not need to meet the general residence requirements for Australian citizenship but must be permanent residents and apply with a parent.
- Children under 18 who hold a permanent residence visa do not need to meet the residency requirement for citizenship.
- Children born to a former Australian citizen can also be eligible to become an Australian citizen.
Administrative Errors
An administrative error can result in the Minister treating a person’s presence in Australia as lawful for the purpose of the residency requirement.
Time Spent in Prison or Psychiatric Institution
Those confined in a prison or psychiatric institution may have their residency requirement waived by the Minister in specific circumstances.
- This means the Minister can consider your unique situation and, if there is a significant hardship or disadvantage, may waive the residence requirement on a case-by-case basis.
- To succeed, you must show how your situation prevented you from meeting the general residence requirement and how granting citizenship would be a benefit to Australia.
Legal Advice for Residence Requirements
Be aware that exemptions to the residence requirement are rare and only granted in exceptional cases. Most applicants will still need to meet the general residence requirement, which means:
- Living in Australia for at least four years
- Being a permanent resident for at least one year immediately before applying.
However, if you believe you may qualify for an exemption due to significant hardship or disadvantage, or because of your unique contributions to Australia, it’s worth exploring your options and seeking professional advice from our migration team to ensure you have the best chance of success.
I have had short absences from Australia. Does that matter?
Short absences outside Australia, especially if you hold a resident return visa, may not affect your ability to meet residence requirements. Make sure that you check it, though! If you are considering applying for Australian citizenship in the near future, make sure that any travel plans won’t affect your application.
Make sure you've done it right!
If you have been absent from Australia recently, you can use the DIBP Calculator to check eligibility. Once you confirm your eligibility, you can proceed with your citizenship application through the citizenship by conferral process.
Then, get in contact with us to validate the outcome: Make sure you’ve done it right. Our experienced Australian immigration lawyers can provide you with more information and options.
