Pathways To Australian Citizenship
The Department of Home Affairs (‘the Department’) has reported that since the Nationality and Citizenship Act 1948 (Cth) was introduced more than 5.7 million people have become Australian citizens.
The benefits to becoming an Australian citizen include:
You have the ability to vote in elections and referendums.
If you have children who were born overseas, you may apply for them to become Australian citizens.
You can work for the Australian Public Service or the Australian Defence Force.
You can be elected to parliament.
You can apply for an Australian passport which will allow you to exit and enter the country freely.
While overseas you may visit the Australian Embassy for consular assistance from an Australian official.
There are two main pathways to acquiring Australian citizenship, namely:
Automatic acquisition of citizenship by descent; and
Citizenship by conferral.
The Department has reported that between 2021 to 2022 167,232 people from over 200 nationalities became Australian citizens by conferral.
Automatic Acquisition of Citizenship
The automatic acquisition of Australian citizenship refers to the fact that you may be eligible for Australian citizenship if, when you were born, one of your parents held Australian citizenship.
To acquire Australian citizenship by descent, you must demonstrate the following criteria:
You were born outside Australia on or after 26 January 1949; and
At the time of your birth at least one of your parents must have been an Australian citizen.
Additionally, if they had applied for such Australian citizenship, they must have spent at least 2 years, lawfully, in Australian before they acquired citizenship.
If you are over 18 years of age, you must also meet the character requirements.
When assessing whether you meet the character requirements, the Department will consider whether you are likely to obey Australian laws and whether you have a criminal record, if you are associated with people of concern, whether you have been reported for domestic violence, if you have provided false or misleading information in past Australian visa applications, etc.
Citizenship by Conferral
To acquire citizenship by conferral, you must demonstrate the following criteria:
You must either be a permanent resident, that is, you hold a permanent Australian visa or an eligible New Zealand citizen; and
If you are 16 years of age and over, meet the residence requirement; and
You must have been in Australia lawfully for the past 4 years, been a permanent resident or eligible New Zealand citizen for the past year, and outside of Australia for no more than a total of 1 year in the past 4 years and no more than a total of 90 days in the past year.
If you are 60 years of age or over, the Department will consider how long you have lived in Australia and may even exempt you from this requirement in certain circumstances.
If you are over 18 years of age, you must also meet the character requirements; and
When assessing whether you meet the character requirements, the Department will consider whether you are likely to obey Australian laws and whether you have a criminal record, if you are associated with people of concern, whether you have been reported for domestic violence if you have provided false or misleading information in past Australian visa applications, etc.
You must take the citizenship test; and
You must score at least 75% and answer all 5 Australian values questions correctly in order to pass this test.
If you are 60 years of age or over, you do not have to take the citizenship test. However, you may be required to attend an interview to confirm your identity and demonstrate that you understand the significance of this application.
You must meet the Language requirements; and
It is required that you have a basic level of understanding of English.
You will meet this requirement if you pass the citizenship test.
If you are 60 years of age or older, you do not need to meet this requirement.
You must have a close and continuing link to Australia.
It is essential that you intend to live in Australia or maintain a close and continuing link to Australia while you are overseas.
This criterion is to prevent individuals from simply collecting passports.
In assessing this requirement the Department may consider whether you have children that are Australian citizens, a partner who is an Australian citizen, any family that are in Australia, bank accounts in Australia, current jobs in Australia, property located in Australia, etc.
How Can Agape Henry Crux Help You?
Contact us if you require any assistance in relation to becoming an Australian citizen.
You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist(s) in Immigration Law to seek professional advice by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Korean, Japanese, Mandarin and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.