What are the Australian Citizenship Exemptions and Special Considerations?
Are you in the process of applying for Australian citizenship? You may be wondering if you meet the citizenship requirements, especially the meeting the residency requirements. We will go through the Australian citizenship exemptions that may apply to individuals facing unique circumstances.
What are the Australian Citizenship General Requirements?
It is important for applicants to meet the general citizenship requirements:
Applicants must either hold a permanent (PR) visa or a Special Category Visa (Subclass 444) at the time of application.
Applicants meet the residency requirement, which is to live in Australia for at least 4 years, including 1 year as a permanent resident. Learn how to calculate your residency requirement for citizenship.
Applicant must not leave Australia for more than 12 months in the past 4 years, including no more than 90 days in the year immediately before their application.
Applicants and their accompanying family members must meet health and character checks.
Applicants must also pass the citizenship test.
Related:
What are the Special Considerations and Exemptions for Australian Citizenship Residence Requirement?
Certain circumstances allow applicants to request exemptions from meeting the residency requirement:
Children under 18 years old do not need to meet the residency requirement but must be holding a PR.
Permanent residents (PR) who are married to or in a de facto relationship with an Australian citizen may meet the residency requirements by providing their close and continuing ties with Australia. These close and continuing ties could include:
Australian citizen children
Evidence of a long-term relationship with an Australian citizen partner
Regular return visits to Australia
Ownership of property in Australia
Individuals in interdependent relationships with Australian citizens may also qualify for exemptions. Similar to spousal relationships, applicants must demonstrate an ongoing, close association with Australia, which can include:
Having Australian citizen children
Evidence of a long-term relationship
Regular visits to Australia
Ownership of property in Australia
If an individual has been confined in a prison or psychiatric institution during the 2 years before applying for citizenship, that may not count towards meeting the residency requirement. However, the Minister has the discretion to waive this requirement on a case-by-case basis.
If a person is unable to meet the residency requirements due to an administrative error, the Minister can decide to treat their period of presence in Australia as lawful. Schedule a time with our Accredited Specialist in Immigration Law to discuss the next best steps.
Under certain circumstances, individuals engaging in specific activities, organisations, and kinds of work of benefit to Australia may be eligible for special residence requirements even if they cannot meet them. This applies if:
Participation in a specified activity requires Australian citizenship.
The applicant cannot satisfy the general residency requirement due to time constraints.
Some activities that may be eligible for the special residence requirements include activities:
Serving as a crew member on a ship or aircraft;
Performed while on duty at a resources or sea installation;
Carried out in the course of employment by an employee of an S&P/ASX All Australian 200 listed company in positions such as chief executive officer or executive manager;
Engaged in research and development beneficial to Australia as a scientist awarded a Doctor of Philosophy in their area of expertise and employed by an Australian university;
Conducted as a scientist working for the Commonwealth Scientific and Industrial Research Organisation or a medical research institute affiliated with the Association of Australian Medical Research Institutes;
Executed in the role of a medical specialist with an internationally recognised record of outstanding achievement in their field, who is a fellow of a listed organisation under the Health Insurance Regulations 2018 and holds the necessary qualifications for that organisation.
If the applicant experienced significant hardship or disadvantage and can demonstrate it with supporting evidence, the Minister may waive the standard residency requirement. Note that this is on a case-by-case basis.
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How Can Agape Henry Crux Help You?
Meeting the general residence requirement is extremely important. However, if you are unable to meet it due to your unique circumstance, reach out and discuss your issues with one of our Accredited Specialist(s) in Immigration Law. At Agape Henry Crux, our team of immigration lawyers and registered migration agents (RMA) specialises in handling 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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