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Australian Citizenship

Becoming a citizen of Australia is the final legal step in your migration story. It is a process in which a non-Australian citizen voluntarily becomes an Australian citizen. Australian citizens pledge their loyalty to Australia and its people and are then entitled to its protection and to exercise their rights and responsibilities as citizens.

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What are the benefits of citizenship?


Australian citizens have the right to live in Australia and travel in and out of the country without any restriction. They cannot be removed or deported from Australia. Citizens have some rights which permanent residents do not have, for example, the right to:
 

  • vote in government elections

  • apply for any public office or stand for election as a Member of Parliament

  • apply for an Australian passport

  • apply to serve in Australia’s defence forces

  • apply for certain government jobs

  • register children born overseas as Australian citizens

  • request emergency assistance from Australian consular staff if travelling outside Australia.


There are 4 main ways to obtain Australian citizenship. They are:

 

  • Automatic citizenship

  • Citizenship by application

  • Citizenship by conferral

  • Resumption of citizenship

 

Automatic Citizenship


The most common way to obtain citizenship is being born in Australia to at least one parent who is an Australian citizen or permanent resident. Other ways include:

 

  • adopted while in Australia by an Australian citizen parent

  • abandoned in Australia as a child

  • present in Australia in 1949

  • living in an incorporated territory

  • being born in Australia (after 20 August 1986 for New Zealanders) and ordinarily resident for 10 years

  • born in Australia as a result of artificial conception procedures or surrogacy arrangements under Australian law

 

Citizenship by Conferral, Application and Resumption


Applications for citizenship by descent or conferral may include the following grounds:

 

  • permanent residents who have been in Australia for a certain period

  • persons born overseas to an Australian citizen parent

  • children adopted under Hague Convention

  • persons born to a former Australian citizen

  • persons born in Papua New Guinea

  • stateless people

  • applications may be made by former Australian citizens who want to regain their Australian citizenship



How can permanent residents apply for citizenship?


Permanent residents in Australia may apply for citizenship if they meet certain requirements. This is sometimes known as being ‘naturalised’. To become an Australian citizen, a permanent resident must:
(a) Have basic English and pass the citizenship test
(b) Maintain adequate knowledge of the responsibilities and rights of a citizen
(c) If approved, intend to life in Australia or to maintain close an continuing association with Australia
(d) Understand the nature of the application
(e) If approved, make a pledge of commitment within 12 months, unless under 16 years at time of application
(f) Meet residency requirements


Residence Requirements


Generally, the residency requirement states that an applicant must be in Australia in the four years immediately prior to the lodgement of a citizenship application and further, must not have been unlawful in that period. The applicant must also have been in Australian as a permanent resident in the 12 months before applying. If absences from Australia within the four years previous to application lodgement do not amount to more than 12 months, the law deems them to have been in Australia for that period. The law also deems compliance with residency requirements if absences within 12 months previous to the application lodgement do not exceed 90 days and the applicant was a permanent resident in each absence. Absences due to confinement in prison or a psychiatric institution will not satisfy these requirements.

Triumphal Legal & Migration is an independent migration firm which is not associated in any way with the Australian Department of Home Affairs (DHA). Information on this website does not constitute personal migration advice. For an appraisal of your unique personal situation, please call and talk to one of our Registered Migration Agents or Immigration Lawyers, who are all bound by the MARA Code of Conduct.

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