When Do You Not Have to Take An Australian Citizenship Test?
The Australian Citizenship Test
One of the requirements to become an Australian citizen by conferral is that the applicant sits and passes the Australian Citizenship test (see s.21(2A) and 23A of the Australian Citizenship Act 2007 (‘the Act’)).
The citizenship test is a multiple-choice test involving 20 randomly selected questions. As of 15 November 2020, it includes 5 questions on Australian values. In order to pass the test, all 5 values questions must be answered correctly and the overall test mark must be at least 75%.
The test is conducted in English and is roughly split into 4 topics comprising of ‘Australia and its people’, ‘Australia’s democratic beliefs, rights and liberties’, ‘Government and the law in Australia’ and ‘Australian values’.
The Department provides a practice exam.
Exemptions to the Australian Citizenship Test
You may be exempt from having to sit the citizenship test if, at the time of application, you are:
Aged under 18 years old
Aged 60 years old or over
A person with a hearing, speech, or sight impairment
A person with mental or physical incapacity
However, even with a citizenship test exemption, the other elements of citizenship eligibility will still need to be met.
If the exemption situation only developed after the application was made, a new application will need to be made if an exemption is sought. For example, if a person lodged a citizenship application and then got into an accident resulting in their loss of sight, a new application will need to be submitted to seek the citizenship test exemption.
Hearing, Speech, or Sight Impairment
You may be exempt from having to sit the citizenship test if, at the time of application, you are “suffering from a permanent loss or substantial impairment of hearing, speech or sight” (see s.21(4)(a)(ii) of the Act).
However, s.21(4) of the Act still requires that the applicant “understands the nature of the application at the time the person made the application.” Under policy, this will usually be assessed by conducting an interview with the applicant that also serves to establish their identity and permanent residence status. An applicant who is found not to understand the nature of the application may be able to provide evidence that they meet the requirements of the incapacity exemption instead.
Mental or Physical Incapacity
You may be exempt from having to sit the citizenship test if, at the time of application, you have a “permanent or enduring physical mental incapacity” that has directly caused you to:
Not be capable of understanding the nature of the application; or
Not be capable of demonstrating a basic knowledge of the English language; or
Not be capable of demonstrating an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship.
(See s.21(3) of the Act)
Generally, unless it would be unreasonable, a report from a specialist will be needed regarding the permanent or enduring incapacity and whether it has directly caused one of the three branches above. Examples of incapacity may include congenital birth defects, a stroke or serious depression. Whether it would be considered a permanent or enduring incapacity would depend on the circumstances.
Every situation is unique, please contact us for an expert assessment of whether you qualify for a citizenship test exemption.
How Can Agape Henry Crux Help
At Agape Henry Crux, our Accredited Specialist Immigration Lawyers and our team of immigration lawyers and migration agents are well trained to handle highly complex matters. You can book one of our lawyers or agents to seek professional advice by calling 02-72002700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Burmese, Japanese, Mandarin, Cantonese, Indonesian, and Malay. If this isn’t your language, we can also help you arrange an interpreter.
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