Australian Citizenship
Citizenship Act 2007 (Cth) is the key piece of legislation that governs the acquisition of Australian citizenship. This document outlines the various pathways and eligibility criteria for individuals seeking to become Australian citizens, either automatically or by application.
Division 1: Automatic Acquisition of Australian Citizenship
- Child born in Australia with an Australian citizen or permanent resident parent: A child automatically acquires Australian citizenship if at least one parent is an Australian citizen or permanent resident at the time of the child’s birth.
- Child born in Australia and ordinarily resident for 10 years: If a child is born in Australia and lives here for the first 10 years of their life, they acquire citizenship regardless of their parents’ citizenship or residency status.
Children adopted under a law in force in an Australian State or Territory, by at least one Australian citizen and present in Australia as a permanent resident at the time of adoption, are eligible for automatic citizenship.
A child found abandoned in Australia is presumed to be an Australian citizen if the identity and citizenship of their parents cannot be determined.
If a new territory becomes part of Australia, special provisions may be made for people connected to that territory to acquire citizenship.
Division 2: Acquisition of Australian Citizenship by Application
- If you were born outside Australia on or after 26 January 1949 and at least one parent was an Australian citizen at the time of your birth, you may be eligible.
- If you were born outside Australia or New Guinea before 26 January 1949, and a parent was an Australian citizen on 26 January 1949, you may also be eligible.
If you are adopted outside Australia by at least one Australian citizen, you may be eligible for citizenship if the adoption was in accordance with:
- The Hague Convention on Intercountry Adoption; or
- A bilateral arrangement recognised by Australia.
This is the most common pathway for permanent residents. Since 1949, over 5 million people have chosen this route to become Australian citizens. It represents a commitment to the Australian community and values.
Residence Requirements:
- Lawfully present in Australia for four years immediately before applying.
- Present in Australia as a permanent resident for at least 12 months immediately before applying.
- Total absences from Australia during the four-year period must not exceed 12 months.
- Absences during the 12 months before applying must not exceed 90 days.
- Some exemptions apply in special circumstances (e.g., special residence requirements).
Citizenship Test:
Unless exempt, applicants must pass a citizenship test (automatic exemption for those aged 60 and over).
The test demonstrates understanding of the application, basic English skills, knowledge of citizenship rights and responsibilities, and intention to reside in or maintain close ties to Australia.
Character Requirements:
Applicants must meet the character test as set out in the Act.
Including Dependent Children:
Children aged 15 years or younger can be included in a parent’s application at no extra cost, provided they are permanent residents.
Children aged 16 or 17 must apply for citizenship independently.
The pathway to Australian citizenship depends on your unique circumstances, including your place and date of birth, your parents’ citizenship status, and your residency history. For personalised advice and assistance with your application, consider consulting our qualified migration agent.