Complex Matters

Citizenship Act 2007 (Cth) is the legislative document that regulates and establishes the procedure for acquiring Australian citizenship.

Who is eligible for Australian citizenship?

Division 1 Automatic acquisition of Australian citizenship

  • Citizenship by being born in Australia and by having a parent who is an Australian citizen or a permanent resident at the time of birth
  • Citizenship by being born in Australia and by being ordinarily resident in Australia for the next 10 years
  • Citizenship by adoption in Australia (children adopted under a law in force in a State or Territory and adopted by a person who is an Australian citizen at the time of the adoption and being present in Australia as a permanent resident at time of adoption)
  • Citizenship for abandoned children
  • Citizenship by incorporation of territory

Division 2 Acquisition of Australian citizenship by application

 

Citizenship by descent:

You may be eligible to become an Australian citizen if one of the following applies to you:

  • You were born outside Australia on or after 26 January 1949 and a parent of yours was an Australian citizen at the time of your birth
  • You were born outside Australia or New Guinea before 26 January 1949 and a parent of yours was an Australian citizen on 26 January 1949

 

Citizenship by adoption:

You may be eligible to become an Australian citizen if you are adopted outside Australia by at least one Australian citizen in accordance with:

(a) the Hague Convention on Intercountry Adoption; or

(b) a bilateral arrangement.

 

Citizenship by conferral:

Since the first citizenship ceremony held on 3 February 1949, more than 5 million people have chosen to become Australian citizens. Australian citizenship is a commitment to Australia and its people.

To become an Australian citizen on the basis of your permanent residence you must:

  • Satisfy the residence requirements

 

General residence requirements

The person was lawfully present in Australia for the period of 4 years immediately before the day the person made the application and the person was present in Australia as a permanent resident for the period of 12 months immediately before the day the person made the application.

Overseas absences

If the person was absent from Australia for a part of the period of 4 years immediately before the day the person made the application, the total period of the absence or absences was not more than 12 months;

If the person was absent from Australia for a part of the period of 12 months immediately before the day the person made the application, the total period of the absence or absences was not more than 90 days.

Exemptions apply in some limited circumstances (e. g. special residence requirements).

  • unless exempted, successfully complete the citizenship test (automatic exemption applies to a person 60 years of age and over).

This will satisfy the requirements that you:

–   understand the nature of the application

–   have a basic knowledge of English

–   have an adequate knowledge of the responsibilities and rights of a citizen

–    if granted citizenship intend to live in Australia or to maintain a close and continuing association with Australia

Meet character test requirements

You can include a dependent child aged 15 years or younger in your application at no additional cost. The child must be a permanent resident . You cannot include a dependent child aged 16 or 17 on your application. They must apply on their own.

AUS VISA SOLUTIONS has assisted many clients with their citizenship applications. We provide accurate and comprehensive legal advice.

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