Becoming an Australian Citizen by Conferral

Australian citizenship by conferral offers a unique sense of belonging and access to a range of privileges and responsibilities, from voting rights to eligibility for an Australian passport. For many permanent residents, becoming an Australian citizen through conferral represents the next step in embracing life in Australia. However, this process requires meeting specific criteria to ensure applicants are committed to upholding Australian values and contributing positively to the community.

At Australian Migration Lawyers, we regularly assist our clients navigate through the Australian citizenship process, from making their initial citizenship application to the citizenship ceremony and making the Australian citizenship pledge. For individuals that require more information, or need specific assistance with their citizenship application, contact an Australian Migration Lawyer today.

How to become an Australian citizen by conferral eligibility requirements

Before submitting a citizenship application, applicants must meet several core criteria, including residency requirements, language proficiency, knowledge of Australia, and a character assessment. Below is a breakdown of these key criteria:

1. Permanent Residency Status: To be eligible, you must hold permanent resident status or be an eligible New Zealand citizen at the time of application. 
2. Presence in Australia: In most cases, you need to be physically in Australia when a decision is made on your citizenship application.
3. Residence Requirement: Citizenship applicants must have lived in Australia on a valid visa for the last four years, including at least one year as a permanent resident. During this period, you should not have been absent from Australia for more than 12 months in total, with no more than 90 days spent outside the country in the last 12 months.
4. Intention to Remain in Australia: Applicants must intend to live in Australia or maintain a close and ongoing connection with the country if living abroad.
5. Citizenship Test and Language Requirement: Most eligible adult applicants will need to sit a citizenship test to demonstrate a basic understanding of English and knowledge about Australian society, values, and the responsibilities of citizenship. Achieving a score of 75% or higher, along with correctly answering five values-based questions, is required to pass. Some applicants may instead attend an interview to confirm their knowledge and commitment to these aspects.
6. Character Requirement: Applicants aged 18 or older must meet the character requirement, which means possessing enduring moral qualities. Factors such as past convictions, associations, and other character-related matters are considered.

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The Australian citizenship test

Once you have determined your general eligibility to apply for Australian citizenship by conferral, you must lodge a citizenship application with the Department of Home Affairs (DOHA). The application must include all supporting documents required to demonstrate compliance with the general residence requirement and other relevant requirements under the Citizenship Act. If deemed eligible, you will receive a citizenship appointment invitation to sit the citizenship test. 

The Australian Citizenship Test is an integral component of the citizenship application process for most individuals seeking Australian citizenship by conferral. It is designed to assess an applicant's understanding of various fundamental aspects of Australian society, including its government, legal system, national symbols, and Indigenous culture.

Applicants are required to complete a series of multiple-choice questions, totaling 20 in number, which encompass critical subjects such as Australia's democratic beliefs, rights, liberties, and the values associated with citizenship. Furthermore, applicants must demonstrate their knowledge by answering all five Australian values questions correctly and achieving an overall score of no less than 75%. The test aims to ensure that applicants possess a sufficient command of the English language and a comprehensive understanding of the rights, responsibilities, and privileges attached to Australian citizenship. Importantly, it also assesses an applicant's commitment to the core Australian values of freedom, respect, and equality.

There are no additional fees for taking the citizenship test, as it is included within the broader citizenship application fee. The test is structured in such a manner that assistance is not permitted during the examination. 

It is highly recommended for individuals preparing for the test to familiarise themselves with the test content in advance, as a comprehensive understanding is necessary to ensure successful completion of the process. For those requiring expert guidance or assistance, seeking professional legal advice from a lawyer at Australian Migration Lawyers is advisable.

Common mistakes with citizenship applications

When applying for Australian citizenship, applicants frequently encounter several common pitfalls that can result in delays or even the rejection of their application. A comprehensive understanding of these potential mistakes and proper preparation can significantly enhance the chances of success.

Not Meeting Residency Requirements

A common mistake when applying for Australian citizenship is failing to meet the necessary residency requirements. To be eligible for citizenship by conferral, applicants must meet the following criteria:

• They must have lived in Australia on a valid visa for at least four years immediately before applying.
• They must have held a permanent visa or a Special Category (subclass 444) visa for the 12 months immediately prior to the application.
• Applicants must not have been absent from Australia for more than 12 months during the past four years, and no more than 90 days in the 12 months immediately before applying.

Any application submitted before fulfilling these requirements will be refused. To avoid this, applicants should utilize the residency calculator to confirm their eligibility before proceeding with the application.

Providing Incomplete or Incorrect Documentation

Another common mistake is the submission of incomplete or incorrect documentation. Missing or erroneous documents, such as birth certificates, proof of residency, or identification, are frequent causes of application delays. Applicants should ensure that their documentation is thorough and accurate by carefully following the checklist provided for the application process.

Ignoring Character and Health Requirements

In addition to residency and documentation issues, applicants must adhere to Australia's character and health requirements. Failing to disclose relevant past events, such as criminal offenses or incomplete health checks, can not only delay the application but may also lead to a negative outcome. Full transparency with the Department of Home Affairs regarding any health or character concerns is essential to ensure the application proceeds smoothly.

Rushing Through the Application Form

Applicants also often underestimate the complexity of the citizenship application form itself. While the form may appear straightforward, minor errors due to misunderstandings or haste are common. It is important for applicants to take their time, thoroughly review each section, and seek clarification for any unclear questions. Additionally, inconsistencies between the information provided in a citizenship application and previous visa applications, or the omission of relevant details, can raise red flags with the Department of Home Affairs. 

Failing to Prepare for the Citizenship Test

Many applicants fail to adequately prepare for the citizenship test, which is a crucial part of the application process. Inadequate preparation can result in failure, necessitating retakes and causing delays.

To navigate these complexities and ensure the successful completion of your Australian citizenship application, it is highly recommended to seek the advice of a lawyer at Australian Migration Lawyers. Our legal expertise can help you avoid these common mistakes, ensuring that your application is handled with precision and efficiency, and increasing the likelihood of a smooth and successful process.