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Citizenship

Overview

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. You can become a citizen of Australia in different ways with each pathway having a distinct set of eligibility. Conferral and descent are the most common ways to apply.

Responsibilities of citizenship

  • Behave per Australian democratic beliefs
  • Respect the rights and liberties of Australia
  • Follow and obey the law
  • Vote in federal and state or territory elections, and referenda
  • Defend Australia if necessary
  • Serve on jury duty

Citizenship entitlements

  • Apply for an Australian passport
  • Leave and re-enter Australia as many times as you want
  • Ask for help from an Australian consulate if in trouble overseas
  • Vote in federal, state, or territory elections
  • Vote in a Constitutional referendum or plebiscite
  • Seek election to parliament, if you are aged 18 years or over and are not a dual citizen
  • Register the birth of your children in another country as an Australian citizen

Freedoms for citizens

  • Freedom of speech and freedom of expression
  • Freedom of association
  • Freedom of religion and secular government
  • Equality in Australia

Eligibility

Conferral (PR or NZ citizens)

Becoming a citizen by conferral is a common way to become an Australian citizen. You need to be a permanent resident and meet certain criteria before you can apply. A general review of the eligibility is included on this page. For further information, speak directly to your Global Solicitor adviser.

Standard eligibility

  • Be a permanent resident or eligible New Zealand citizen when you apply and when the Department decides on the application
  • Pass the residence requirement
  • Pass the character requirement
  • Be in Australia when the Department decides on the application in most cases
  • Have spent time in Australia and be able to pass a citizenship test
  • Intend to live in Australia or maintain a lasting link with Australia while overseas

What is the general residence requirement?

  • At the time you apply you must have been (1) living in Australia on a valid visa for the past 4 years (2) a permanent resident or eligible New Zealand citizen for the past 12 months and (3) away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in the past 12 months
  • For children 16 or 17 years old, if meeting this requirement would cause significant hardship or disadvantage, you will need to provide proof
  • Children under 16 do not need to meet the general residence requirement but must be permanent residents

Exemptions to the general residence requirement

  • If you are under 16 years
  • If you were born to a former Australian citizen who lost their citizenship before 4 April 2002
  • If you were born in Papua before 16 September 1975 and one of your parents was born in Australia and was an Australian citizen when you were born
  • You or your family may be exempt if you are a member of the Australian Defence Force
  • If you meet Special residence requirements including:
  • If you engage in activities supported by particular organizations such as sporting committees or agencies
  • If you engage in particular types of work that require overseas travel
  • If you meet Ministerial discretion requirements the Minister may treat the following periods as lawful residence
  • If you were in Australia unlawfully as the result of an administrative error
  • If you were in Australia lawfully, but not as a permanent resident as the result of an administrative error
  • If you were in Australia lawfully, but not as a permanent resident, and not treating it as a period of permanent residence would cause you to suffer significant hardship or disadvantage
  • If you were in prison or a psychiatric institution, then that period may be counted towards the residence requirement (and not treating it as a period of permanent residence would be unreasonable, taking into account the circumstances that led to your confinement)
  • If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner.
  • If you are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia.
  • If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia

Eligibility

Conferral (over 60)

Becoming a citizen by conferral is a common way to become an Australian citizen. You need to be a permanent resident and meet certain criteria before you can apply. A general review of the eligibility is included on this page. For further information, speak directly to your Global Solicitor adviser.
Contact us

Standard eligibility

  • Be a permanent resident or eligible New Zealand citizen when you apply and when the Department decides on the application
  • Pass the residence requirement
  • Pass the character requirement
  • Be in Australia when the Department decides on the application in most cases
  • Be at least 60 years old (and not need to pass the citizenship test)
  • Intend to live in Australia or maintain a lasting link with Australia while overseas

What is the general residence requirement?

  • At the time you apply you must have been (1) living in Australia on a valid visa for the past 4 years (2) a permanent resident or eligible New Zealand citizen for the past 12 months and (3) away from Australia for no more than 12 months in total in the past 4 years, including no more than 90 days in the past 12 months
  • For children 16 or 17 years old, if meeting this requirement would cause significant hardship or disadvantage, you will need to provide proof
  • Children under 16 do not need to meet the general residence requirement but must be permanent residents

Exemptions to the general residence requirement

  • If you are under 16 years
  • If you were born to a former Australian citizen who lost their citizenship before 4 April 2002
  • If you were born in Papua before 16 September 1975 and one of your parents was born in Australia and was an Australian citizen when you were born
  • You or your family may be exempt if you are a member of the Australian Defence Force
  • if you meet Special residence requirements including:
  • If you engage in activities supported by particular organizations such as sporting committees or agencies
  • If you engage in particular types of work that require overseas travel
  • If you meet Ministerial discretion requirements the Minister may treat the following periods as lawful residence
  • If you were in Australia unlawfully as the result of an administrative error
  • If you were in Australia lawfully, but not as a permanent resident as the result of an administrative error
  • If you were in Australia lawfully, but not as a permanent resident, and not treating it as a period of permanent residence would cause you to suffer significant hardship or disadvantage
  • If you were in prison or a psychiatric institution, then that period may be counted towards the residence requirement (and not treating it as a period of permanent residence would be unreasonable, taking into account the circumstances that led to your confinement)If you have spent time outside Australia as a permanent resident with your Australian citizen spouse or partner. If you are the surviving spouse or partner of an Australian citizen and have a close and continuing association with Australia. If you spent time outside Australia and are a permanent resident in an interdependent relationship with an Australian citizen and you have had a close and continuing association with Australia.

Eligibility

Descent

You could be eligible for Australian citizenship by descent if you were born outside Australia and one (or both) of your parents at the time of your birth was also an Australian citizen at that time. A general review of the eligibility is included on this page. For further information, speak directly to your Global Solicitor adviser.

Persons born outside of Australia on or after 26 January 1949

  • You must be born outside of Australia and one or both of your parents at the time of your birth, must also have been Australian citizens
  • Your parent will need to have spent at least a cumulative period of 2 years lawfully in Australia before you apply if they became an Australian citizen by descent or adoption outside The Hague Convention or a bilateral arrangement

Persons born outside of Australia before 26 January 1949

  • You may be eligible if you were born outside Australia before 26 January 1949 and one or both of your parents at the time of your birth became Australian citizens on 26 January 1949 by
  • Birth in Australia
  • Birth in New Guinea
  • Being naturalized as a British subject in Australia

Eligibility

Other streams

There are a number of other streams which can be applied for by conferral, adoption, or resumption of citizenship. A general review of the eligibility is included on this page. For further information, speak directly to our adviser.

15 years or younger applying on their own)

  • Be 15 years or younger, applying on your own and
  • Living with a responsible parent who is an Australian citizen and consents to your application or
  • You are usually a resident in Australia with a responsible parent who consents to your application, who is a permanent resident and meets the residence requirement but has decided not to apply for Australian citizenship because they would lose the citizenship of another country or
  • Living with a responsible parent who consents to your application and your responsible parent is not an Australian citizen but you can show us that not becoming a citizen would make you suffer significant hardship or be disadvantaged
  • Be a permanent resident or eligible New Zealand citizen at the time you apply and when the Department decides the application

Conferral (born to a former Australian citizen)

  • Provide evidence of your birth to a former Australian citizen and pass the character test

Conferral (Person born in Papua before independence in 1975)

  • Provide evidence of your birth in Papua before 16 September 1975
  • Provide evidence that one of your parents was born in Australia as it is now known, and was an Australian citizen at the time of your birth
  • Pass the character test

Conferral (born in Australia and stateless)

  • Have been born in Australia
  • Not be a national or citizen of any country
  • Never have been a national or citizen of any country
  • Not be entitled to acquire the nationality or citizenship of a foreign country

Adoption (child adopted outside of Australia by an Australian citizen)

  • Have a valid adoption compliance certificate for adoption under The Hague Convention or a bilateral arrangement
  • Have an Australian citizen parent
  • Have an adoptive parent apply on your behalf if you are 15 years or younger

Resumption of citizenship

  • Satisfy the Department with your identity and if you are over 18 years old, your good character
  • Provide evidence of how you ceased being an Australian citizen
  • If you are not eligible to resume your Australian citizenship, you may still be eligible to apply for Australian citizenship by conferral

Documents

General Documents

The actual documents you require are dependent on your particular circumstances including (but not limited to) your family members, your character, your identity, and any exemptions or concessions you may apply for. Your Global Solicitor advisor will provide you with a link to the Global Solicitor portal which will set out the specific documents required.
Contact us

Identity, Health, and Character

  • Three documents that together will show evidence of your:
  • Birth name, date of birth and gender
  • Photograph
  • Signature
  • Current residential address
  • Evidence of any change in name

Family relationships

  • Passport bio-data page for each family member
  • Full-quality passport-size photograph of each family member
  • Birth certificate for each family member (translated)
  • If in a married relationship, a copy of your marriage certificate (translated)
  • If in a de facto relationship, evidence of at least 6 months of (i) shared finances (bank/credit card statements) (ii)living together (lease, correspondence at same address), and (iii) social (messages to each other)

Good character documents

  • Police clearance certificates from any country in which you have lived for 12 months or more in the last 10 years

Process

Citizenship

We’ll advise and guide you from assessing eligibility to the lodgement stage. We use an online document/information collection tool so that all your files and information are stored in one single location. You can track the status of your matter and have a complete overview of the documents required and provided.
Citizenship

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