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How to apply for Australian citizenship and what are the requirements

Associato dirigente - Avvocato specializzato in migrazione australiana
September 16, 2024
7
minuto di lettura

Becoming an Australian citizen is a significant goal, marking commitment to the Australian community. Aspiring citizens fulfill various requirements, including the residence requirement—lawfully residing in Australia for a specified period. During the application process, applicants demonstrate commitment by taking the Australian citizenship pledge. They provide documentation like an Australian passport to prove Australian permanent resident status. Applicants undergo the Australian citizenship test, assessing knowledge of Australian history, values, and laws. Those who succeed become future Australian citizens, gaining citizenship rights. This grants rights such as engagement with the Australian Defence Force or Australian public service. While most cases require meeting specific requirements, exceptions may apply. Obtaining Australian citizenship is a significant achievement requiring dedication and perseverance.

Pathways to obtain Australian citizenship: birth, conferral or descent?

This post will help you to understand the differences and understand which pathway applies to your circumstances. The pathway to applying for citizenship changes depending on whether citizenship is sought by conferral or descent. Broadly speaking, descent refers to where you are looking to become a citizen because one of your parents is an Australian citizen, whereas conferral refers to the grant of citizenship to people whose parents are not Australian. From the categories below, you should be able to determine whether you are seeking Citizenship by birth, conferral or descent:

Becoming an Australian citizen by birth, including:

  • Child born in Australia, with at least one parent an Australian citizen or permanent resident

Becoming an Australian citizen by conferral, including:

  • Permanent residents
  • New Zealand citizens holding a Special Category (subclass 444) visa (SCV)
  • Children aged 16 or 17
  • Children 15 years or younger applying with a responsible parent
  • Commonwealth Child Migration Scheme migrants
  • Refugees or humanitarian migrants

Becoming an Australian citizen by descent, for individuals born overseas to an Australian citizen parent, including:

  • People born overseas to a parent who is or was an Australian citizen
  • Parents registering a child born overseas

Citizenship by birth

For applicants asserting citizenship by birth, the process is considerably easier than by conferral. However, it can be difficult to understand whether either you or your child is eligible for citizenship by birthright, or whether an application for citizenship by descent or conferral may be required. This is also relevant to determining whether children need a valid via 

 If applicants meet the eligibility criteria above, then a certificate of citizenship may be obtained by tendering the following documents to the Department of Home Affairs:

  • Documenti d'identità: 
    • Present documents showcasing your birth name, date of birth, gender, proof of any name changes, photograph, signature, and current residential address.
  • Evidence of Name and Date of Birth: 
    • Furnish a full birth certificate indicating your parents' names. Alternatively, provide a family or household registration document or other pre-arrival documents that confirm your identity.
  • Supporting Documents:
    •  Depending on your circumstances, additional documents may be required to substantiate your application.

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Citizenship by conferral

Before applying for Australian citizenship, it's crucial to understand the eligibility criteria and requirements set forth by the Australian Government. The following requirement apply to permanent residents seeking citizenship by conferral:

  • Residency:
    •  You must be either a permanent resident or a New Zealand citizen holding a Special Category (subclass 444) visa (SCV). Everyone included in the application must meet this requirement.
  • General residence requirement:
    • You should have lived in Australia on a valid visa for at least 4 years, including the last 12 months with a permanent visa or SCV. Additionally, you must not have been absent from Australia for more than 12 months in total in the past 4 years.
  • Character assessment:
    • Applicants aged 18 or over must demonstrate "good character," which includes obeying Australian laws and upholding citizenship commitments. Criminal history and other factors are considered.
  • Knowledge of Australia:
    • Understanding Australian citizenship responsibilities, values, and privileges is essential. Most applicants take the citizenship test, which evaluates language proficiency and knowledge of Australian values.
    • However, for applicants aged over 60 years the requirement to sit the citizenship test does not apply. Applicants might be required to undergo an interview to verify their identity and demonstrate your comprehension of your application's essence. 
  • Language proficiency: 
    • Basic English language skills are necessary for citizenship. Applicants must demonstrate proficiency during the citizenship test or interview.
  • Close and continuing link to Australia:
    • You must show a likelihood of living in Australia or maintaining a close connection while abroad. Factors such as property ownership, family ties, employment, and community involvement are assessed.

Citizenship by descent 

Understanding the prerequisites and conditions established by the Australian Government is essential prior to initiating the Australian citizenship application process. The outlined criteria pertain specifically to permanent residents pursuing citizenship through descent:

  • Born outside Australia on or after 26 January 1949:
    • If you were born outside Australia and one or both of your parents at the time of your birth were Australian citizens, you may be eligible.
  • Parent's lawful residence in Australia:
    • If your parent became an Australian citizen by descent or by adoption outside Australia under the Hague Convention on Intercountry Adoption or bilateral arrangement, they must have spent at least 2 years lawfully in Australia before you apply.
  • Character requirement:
    • Applicants aged 18 years or older must demonstrate good character, reflecting enduring moral qualities such as obeying laws and upholding values. Factors considered include criminal records, legal obligations, associations with individuals of concern, incidents of domestic violence, and honesty in dealings with the community.
  • Born outside of Australia through an International surrogacy arrangement:
    • Eligibility also extends to individuals born outside Australia through an international surrogacy arrangement. Additional details can be found regarding international surrogacy arrangements.

How to apply for Australian citizenship using Immi or paper application form

To submit your application for Australian citizenship, the Department of Home Affairs strongly recommends using their online lodgement system, which ensures timely receipt and faster processing of your application. You can check your eligibility and apply online at www.homeaffairs.gov.au/citizenship. If you choose to use the paper form, carefully read the instructions and pre-pay through ImmiAccount before mailing your application. It's essential to keep copies of your application and all attachments for your records.

As above, the application process involves ten steps: ensure eligibility, meet residence requirements, prepare for the citizenship test, gather original documents and certified copies, complete the application form and payment online, lodge your application, attend a citizenship appointment with photo ID, sit the citizenship test, await the Department's decision, and finally, attend a citizenship ceremony to make the pledge.

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If you are interested in getting more information about a becoming an Australian citizen, get in touch with Australian Migration Lawyers for a consultation.

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Completing the citizenship test 

Completing the citizenship test is a pivotal step for individuals aspiring to become Australian citizens. This computer-based assessment evaluates your understanding of Australia, its democratic principles, and cultural values. With 20 questions focusing on crucial aspects of Australian identity, achieving an overall score of 75 percent, including answering all five values questions correctly, is necessary to pass. Test appointments are scheduled nationwide, with details provided beforehand. Remember to bring a valid photo ID and arrive punctually. The test encompasses topics ranging from Australia's people to its democratic beliefs and government laws. To prepare thoroughly, utilize resources such as the Australian Citizenship: Our Common Bond guidebook and online practice tests. Familiarizing yourself with these materials will boost your confidence and readiness for the actual examination.

If you don't pass the citizenship test, there won't be any effect on your permanent visa status or residency in Australia. Instead, you'll be given another appointment at no extra charge. It's crucial to make the most of the time between appointments by preparing diligently. Keep in mind that the citizenship test evaluates your understanding of Australian history and values, so practicing with online resources, the test booklet, and mock tests can enhance your performance. Make sure to familiarize yourself with all the available tests and utilize resources like the new test booklet to ensure you're fully prepared. Additionally, during the citizenship interview, you may encounter practice questions about Australia's constitution and the common bond booklet. However, failing the test after three attempts could result in the refusal of your citizenship application.

Attending the citizenship ceremony

If your application is accepted, you will be invited to attend a Citizenship ceremony and make a pledge. Completing the citizenship ceremony marks a significant milestone in one's journey to become an Australian citizen. During this event, future Australian citizens gain formal recognition of their commitment to the country. Regardless of individual circumstances, meeting these requirements and actively participating in the citizenship ceremony demonstrate a strong commitment to becoming an integral part of the Australian family unit.

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