Citizenship by Conferral | Individuals with Incapacity or Impairment
There are various pathways to Australian citizenship, and provisions also exist for individuals with incapacity or impairment, ensuring a fair chance to become an Australian citizen despite their circumstances.
Who Qualifies as Individuals with Incapacity or Impairment?
Individuals with incapacity or impairment may have physical or mental conditions that affect their ability to meet the standard citizenship requirements. They may become citizens without taking the citizenship test. These conditions can include illness, disabilities, or other impairments that may limit their capacity to fulfil certain obligations typically required for citizenship applications.
The incapacity or impairment must exist at the time you apply for citizenship. Additionally, the applicant is required to provide evidence of the situation; if evidence is not provided, the citizenship application may be refused.
What Are Considered as Incapacity or Impairment?
Permanent or Enduring Physical or Mental Incapacity
If the individual has permanent or enduring physical or mental incapacity that means that the individual is not capable of:
Understanding the nature of the application,
Demonstrate basic English skills, or
Show adequate knowledge of Australia, including the responsibilities and privileges of citizenship
Then the individual is exempt from taking the citizenship test and from making the pledge of commitment during the citizenship ceremony.
What are some Examples of Permanent Incapacities?
Some permanent incapacities include but are not limited to conditions, such as:
Trisomy
Congenital disorder
Strokes
Cerebral malaria
Permanent Loss or Significant Impairment of Hearing, Speech or Sight
If an individual experiences a permanent loss or significant impairment of hearing, speech, or sight that prevents them from taking the citizenship test, they are not required to do so.
The impairment must be such that it genuinely prevents the individual from completing the test. If you are able to read the test questions with prescription glasses or listen to them with a hearing aid, speak with an immigration lawyer for any professional assistance.
The individual must understand the nature of the application and make the Australian pledge of commitment during the citizenship ceremony.
An interview may be conducted with the applicant to verify their identity and confirm that they understand the nature of the application. The individual is not expected to take the citizenship test.
What are the Citizenship Application Fees for Individuals with Incapacity or Impairment?
Individuals with incapacity or impairment must pay an application fee for citizenship by conferral. The fee for the citizenship application is AUD 345, although there are limited situations where fee exemptions may apply.
How Can Agape Henry Crux Help You?
Australian citizenship by conferral for individuals with incapacity or impairment allows them to apply as long as they meet the requirements. If you believe you meet the criteria and are considering applying under these provisions, it is advisable to seek professional guidance from an immigration lawyer. At Agape Henry Crux, our team of immigration lawyers and registered migration agents (RMA) work with our Accredited Specialist(s) in Immigration Law to handle highly complex matters. You can book a Migration Planning Session with our team by calling 02-8310-5230 or emailing us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. 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.
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