Australian Citizenship

The laws (and therefore, the process and requirements) surrounding Australian Citizenship are different to visa applications. For Australian Citizenship, the main relevant law is the Australian Citizenship Act 2007.

Becoming an Australian Citizen means you assume the rights, privileges, and responsibilities that follow. There are many ways to acquire Australian Citizenship. Some of them are:

By conferral, for permanent residents of Australia or eligible NZ citizens.
By descent, for a child of an Australian citizen who was born overseas.
By birth, for a child born in Australia
By adoption, for a child adopted by an Australian citizen.
By resumption, for a former citizen who previously ceased being an Australian citizen.

Australian Citizenship by Conferral

Generally, Australian citizenship by conferral is for permanent residents in Australia who meet the general residence requirements: living lawfully for 4 years in Australia (including at least 1 year as a permanent resident) with periods of overseas absence of not more than 12 months in the past 4 years (and not more than 90 days in the past 12 months immediately before lodging the citizenship application).

The residence requirements only consider periods immediately before the application is lodged. In other words, any overseas absences after the citizenship application are lodged will not be relevant to the determination of the residence requirements.

For applicants who cannot meet the general residence requirements above, there are some discretionary powers available to the Minister to still approve the citizenship application. The main example would be if the applicant has a spouse or partner who is an Australian citizen.

The processes involved are generally:

Lodge an application for Australian Citizenship by conferral.
Attend the citizenship test and interview.
If the requirements are met and the citizenship test is passed, the application for citizenship will be approved.
Wait for an invitation to attend a citizenship ceremony, where the applicant is to make a citizenship pledge.

A person acquires Australian Citizenship by conferral once the pledge is made at a ceremony.

Australian Citizenship by Birth, Descent, and Adoption

For children born in Australia

If a child is born in Australia to an Australian citizen or permanent resident, the child will acquire Australian citizenship by birth. If, at the time of the child’s birth, none of the parents is an Australian citizen or permanent resident, the child will be taken to have been granted the same visa(s) as the parent(s). However, if the child then continuously resides in Australia until his/her 10^th birthday, the child will acquire Australian citizenship on the day when he/she turns 10 years old.

For children born outside Australia

If a child is born outside Australia to an Australian citizen, the child may apply for Australian Citizenship by descent. However, if the parent is a permanent resident (and neither parent is a citizen), the child would need to apply for a permanent visa instead.

For adopted children

Adopted children may apply for Australian citizenship if at least one of the adoptive parents is an Australian citizen at the time of the adoption. An adoption compliance certificate must be provided, demonstrating that the adoption meets either the Hague Adoption Convention or a bilateral arrangement to which Australia is a party.

Citizenship by adoption can be complex and involve other areas of law such as family law. If you are an Australian citizen considering adopting a child, contact our office to discuss your options.

Australian Citizenship by Resumption

If a person ceased to become an Australian citizen, the person may be eligible to resume/become an Australian citizen again. For example, if the person’s Australian citizenship was previously renounced to acquire or retain the nationality or citizenship of a foreign country or to avoid suffering significant hardship or detriment.

If you are unsure whether you can become an Australian citizen again, contact our office to discuss.