Australian Nationality Law - Australian Citizenship By Conferral

Australian Citizenship By Conferral

Between 26 January 1949 and 30 November 1973, British subjects were able to apply for registration as an Australian citizen after one year's residence in Australia as an immigrant. There was no requirement to attend a citizenship ceremony.

Non-British subjects were required to apply for naturalization, which had stricter requirements.

From 1 December 1973 the preferential treatment for British subjects was ended by the Australian Citizenship Act 1973. After that date, all migrants had to meet the same criteria for naturalisation as an Australian citizen (grant of citizenship). A common residence requirement of 3 years was set. This was reduced to 2 years on 22 November 1984.

People who became permanent residents on or after 1 July 2007 must have been lawfully resident in Australia for 4 years immediately before applying for citizenship by conferral (known as "naturalization" in other countries). Most of the time they can stay on student visa or tourist visa or 457 visa. But they must:

• have been in Australia for 12 months as a permanent resident
• have had absences from Australia of no more than 12 months, including no more than three months in the 12 months before applying
• have not been unlawfully in Australia at any time in the 4 years preceding application
• understand the responsibilities and privileges of Australian citizenship (except for applicants aged 60 or over)
• be able to speak and understand basic English (except for applicants aged 60 or over)
• understand the nature of the application
• intend to reside in Australia or to maintain a close and continuing association with Australia.

Children aged under 18 can be included in the application of a responsible parent. The standard residence requirements do not apply to such children.

There are some exceptions to the standard requirements, including:

• children of former Australian citizens
• Australian Defence Force veterans
• former Australian citizens and those born in Australia
• children adopted by Australian citizens
• spouses and interdependent partners of Australian citizens
• persons born in Papua before Independence in 1975
• persons born in Australia who are stateless.

Those who were present in Australia as permanent residents before 1 July 2007 remain subject to the previous residence requirement (in force since 1984) on any application for citizenship made before 1 July 2010 — they must:

• have been present in Australia as a permanent resident for a total of 2 years in the 5 years before application
• have been present in Australia for a total of 12 months in the 2 years before application.

In general, applicants aged 16 or over must attend a citizenship ceremony and make a Pledge of Commitment before they can become Australian citizens. The exceptions are:

• children of former Australian citizens granted citizenship under section 21(6) of the Act
• persons born in Papua before Independence granted citizenship under section 21(7) of the Act
• stateless persons born in Australia and granted citizenship under section 21(8) of the Act
• persons with a permanent or enduring physical or mental incapacity that means the person is not capable of understanding the nature of the application, or demonstrating a basic knowledge of English, or demonstrating an adequate knowledge of the responsibilities and privileges of Australian citizenship

As of 1 October 2007, the law requires most applicants (aged between 18 and 60) for Australian citizenship by naturalisation to pass an Australian citizenship test, which focuses on Australia’s values, history, and traditional and national symbols. Information people need to know to answer the test questions are included in a resource book developed to help people prepare for citizenship.