Are you eligible for Australian Citizenship?
How to become an Australian citizen? To meet the general residence requirement for citizenship, you must have been living in Australia lawfully for a period of four (4) years and at least one (1) year as a Permanent Resident immediately before making an application.
All temporary visas, such as visitor visas, student visas, employer or partner-sponsored visas and all classes of bridging visas, can be counted towards the four years lawful residence period.
You may be absent from Australia for up to twelve (12) months within the four (4) years immediately before applying. However, the absence period cannot be counted unless you have already been present in Australia before.
Furthermore, you may be absent for up to ninety (90) days within the twelve (12) months of permanent residence immediately before applying. However, that’s on the proviso you return to Australia as a permanent resident.
Can I apply if my work requires overseas travel?
It is possible to meet a special residence requirement if you have work that requires you to travel regularly for at least two years before applying for Australian citizenship.
To meet this Australian citizenship criterion you must
- ordinarily resident in Australia, with the last 12 months as a permanent resident of Australia
- present in Australia for at least 480 days in total, with at least 120 days of this being during the last 12 months immediately before applying
- not have been present in Australia as an unlawful non-citizen.
Contact us if you require any assistance with your application.
FAQ: Australian citizenship for children 15 years or younger.
Question:
Hi Nilesh
Thanks for time. I came in Australia 2007, then change to spouse visa , my wife did hairdressers course and we lodged TRA in 2009 and refused in 2010 under PIC (4020) circumstances and my first child born in 2010 and after long time we won the battle in 2019 and now we are on 485 visa till 26May2021 ,and under 10year child rule my son granted Australian citizenship and i have another child he is 2 year old .we are seeking best advise for your experience to settle permanently in Australia.Regards
Answer:
Your options include making an application for Ministerial Intervention as you already have a decision of the tribunal in hand, although I noticed that it was handed down some time ago.
There is no time limit for making an application for ministerial intervention after the AAT decision.
This is the key to accessing the Minister’s power for the Minister to consider exercising his powers based on the fact that you have an Australian citizen child.
Even though your child is an Australian citizen, the child is less than 18 years old and cannot usually sponsor parents for any parent visas unless there is a relative or guardian who is either an Australian citizen or permanent resident or eligible New Zealand citizen. Other eligibility criteria also may be relevant.
When you are ready to get specific advice about your circumstances, please book a consultation with us to confirm your options.
Your Experience?
Please share your comments with me.
I’d love to know more about your experience with applying for citizenship!
Sandy Jayamanne says
Hi Nilesh,
My family is eligible to apply for Australian citizenship. My 18 year daughter needs to submit the 1300t form or the 1290 form as her application. A little confused over the information on the website.
Thank you
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
Fiurstly you will need to fill out form 1300T, which is for applicants aged 18 and above.
Secondly, note the eligibility for applicants filling out form 1300T (attached) is:
-are aged 18 years or over and under 60
-are a migrant who is a permanent resident
-satisfy the residence requirement
-are likely to reside, or to continue to reside, in Australia or to maintain a close and continuing association with Australia, and
are of good character.
Thirdly, Form 1290 (attached) is for people who:
-are aged 60 and over, or
-have a permanent or enduring physical or mental incapacity and are therefore not capable of sitting the Australian citizenship test, or
-have a permanent loss or substantial impairment of hearing, speech or sight that prevents you from sitting the Australian citizenship test.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Anonymous says
Hi,
Wayne Edwards says
I have been in Australia since 1974 , I am 60 years of age still working , is is true its easier for people like me to become an Australian citizen ?
We have been here 50 years next year we would like to do it as a family we have been told its much more achievable and less expensive as we have been here so long , is that correct ?
Rhea says
Hi. My husband is working here in Australia. I just arrived here on 27th of October 2022 and we got our Permanent Residency in September 2023. Can I apply for Citizenship together with my husband? Or do I need to stay for atleast 5years before I apply for citizenship?
Montatip says
Hi
I am a Thai, I got married with my husband Australian 15 years ago, I received my PR 7 years ago.
Now I hold Residence return subclass(155)
How can I apply Australian citizenship.
How long I have to stay in Australia before apply Australian Citizenship.
I will appreciate if you can advise more details.
Nadir says
Hi Nilesh – My wife circumstance would be reasonably common, but I haven’t seen it directly addressed.
She arrived to Australia on 25th Aug 2019 on a 600 visit visa for (6 months single entry) visa.
On 20th Feb 2020 she left Australia for a decision to be made on her 309/100 application. on leaving Australia after 10 months she was granted the 309 visa. She returned to Australia on 27th Dec 2020 .
Does her time in Australia from Aug 2019 count towards residency requirement for citizenship, or does the 10 months period from when she left Australia) until she arrived back on the 309/100 visa mean the clock was reset and she can’t apply for citizenship until July 2024?
Thanks!
Soheila says
Hi
I have got my PR IN 2003 ( sub class 155 ) and lived in Australia from March 2003 to November 2005 ( almost 2 years and 8 months) then I moved to Europe again but I kept my PR all these years until now. My husband is an Australian citizen and we moved back to Australia in September 2022. I have read that I am eligible to apply for citizenship by desertion so the ministry can take in account those years that I have been absent from Australian counts as years been here ( because I am the spouse of an Australian Citizen and I had income here that I paid tax on that ) is this correct?
Could you answer this question for me? am I eligible to apply for Citizenship now?
How about my daughter that is over 18 years and has been living with us?
Appreciate your time and help.
Kind regards
William stewart says
I migrated to Australia in 1965 with my parents have worked all my life been married got kids and grandkids would like to go back to n Ireland to visit relatives and see where I was born I have never became a citizen I have a British passport peoples tell me I will need a visa to return to Australia
K Sal says
Hi
I was PhD student in Australia since Jan 2015 to June 2019,then I back tomy country.
On 21 Nov 2022 I got PR 189 vsa and back to Australia on 16 March2023 till now,
my question is, is the study duration (which is more than 4 years) counted to apply for citizen or I shoud stay again for at least 4 years?
thanks
Jerry says
Hello!
I have been a PR (subclass 190) since 29th Jan 2020, and I activated my visa on 7th Feb 2020 when I landed Australia.
Before I got my PR, I flew to Australia from 7th Nov 2019 to 13th Nov 2019 with a travel visa. It was for house inspections and finding jobs.
Does the travel visa period counted into the 4-year residency requirement for applying citizenship?
Should I apply citizenship on 7th Nov 2023, or 7th Feb 2024?
Thank you!
Vatsal Shah says
Hi Niliesh,
My mother aged 91 has been leaving in Australia with me for the past 21 years since 2002. She is on a class 410 retirement visa that expires in 2031. She has 3 children, two living in the same country overseas and myself in Australia. Hence under the previous law she could not apply for citizenship. Has the law changed or would she be eligible for citizenship having stayed in Australia for over 2 decades?
jake says
hello
I was reading your post on your website regarding special residence requirements and exemptions. Im waiting until time is up from previous overseas travel then will engage your services in applying for my Australian Citizenship.
Im a New Zealand Citizen, who has been living in Australia approximately 12years. During that time, I have regularly worked overseas on vessels and platforms
I recently started a job working for an Australian Company, Bayu Undan Gas Platform which is in the Timor Sea. For the job, we fly from Darwin to Timor Leste then out to the platform.
My concerns are – will this job stop me from being able to get my citizenship? While I have regularly left Australia to engage in these activities over the 12years I have been in Australia, In the last 4years I have only been working on Australian based platforms and rigs – often in a casual nature.
At the current point in time I cannot apply for my citizenship until about mid September due to non work related overseas travel, however I was hoping to ASAP after then.
Im just wondering how I go about getting a clear cut answer as to whether this work will stop me from being eligible as ill have to quit if it means I won’t be elligible
Thanks for your help
Anonymous says
My husband has been in Australian since 2017, has been a permanent resident since June 2019 can he apply for citizenship? When we tried on the site, he was ineligible?
Are we missing something?
Zubair says
Nelish this is very helpful, but I meet three criteria you mentioned but I am still unable to apply for citizenship. following are my dates.
First Entry on PR 189 – 11 Sep 2018
Absence dates since then
7 oct 2018 to 11 march 2020 – absent
17 Dec 2021 to 11 Jan 2022 – absent
2 May 2022 to 13 June 2022- absent
15 Feb 2023 to 27 Mar 2023- absent
When can I Apply for Citizenship? why I am unable to apply now even the calculator is giving me go ahead to apply.
Zubair says
Nelish this is very helpful.
I am unable to proceed with application for citizenship. following are my dates.
First Entry on PR 189 – 11 Sep 2018
Absence dates since then
7 oct 2018 to 11 march 2020 – absent
17 Dec 2021 to 11 Jan 2022 – absent
2 May 2022 to 13 June 2022- absent
15 Feb 2023 to 27 Mar 2023- absent
When can I Apply for Citizenship? why I am unable to apply now even the calculator is giving me go ahead to apply.
Anonymous says
Nielsh this is very helpful.
Joachim FERRER says
Hello and Good Morning.
My son is a British Citizen and has been living here since he was three months old in 2001. He is also Permanent Resident here.
In 2019, he went to the UK and has been there now since then. He is now qualified with a degree in Criminology. He will be coming back here after the graduation in July 2023. He says he is missing Australia.
He wold like to work in the Police Department. Can be apply for an Australian Citizenship?
Thank you.
Raj says
Hi Nilesh,
Been leaving on Bridging visa subclass 050 for the past 6 years. Will this visa can led to PR and if not what substantive visa can I change to? Please advise. thank you.
E.T.
Nilesh Nandan says
Thank you very much for your post and your patience. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps.
1. A Bridging Visa “E” Class (Subclass 050) will not itself lead to any a permanent residence visa.
2. Do you have a section 48 bar or other impediment to lodging a valid application?
3. What is the basis of the bvE and is there any substantive visa application that has not yet been finally determined (decided)?
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Simon says
Hi Nilesh – I think my sister-in-law’s circumstance would be reasonably common, but I haven’t seen it directly addressed.
She was in Australia from July 2019 on a 600 (12 month single entry) visa.
In Jan 2020 she was told she had to leave Australia for a decision to be made on her 309/100 application. Immediately on leaving Australia, she was granted the 309 visa and then straight away the 100 visa. She returned to Australia in the 100 visa within a week.
Does her time in Australia from July 2019 count towards residency requirement for citizenship, or does the small period from when she left Australia (thereby cancelling the 600 visa) until she arrived back on the 100 visa mean the clock was reset and she can’t apply for citizenship until Jan 2024?
Thanks!
Humn says
Hi I have urgent doubt regarding my case.
I am permanent resident of Australia. I have entered in July 2018 as student. And I got my PR in Feb 2023. But I travelled to India in last march 2023. Now I have no plan to go back Australia at least for next 18 months.
I have doubt that if I have go back after 2 years. Are we eligible for citizenship after staying one continue in Australia two years later???
Urgent reply please
Luzee says
I am NZ citizen who will be eligible to apply citizenship from 01/07/23. My questions is how long the process will be for Brisbane area approximately. Is that ok to apply and travel out of Australia for 6 months. Will my application on hold if I can show them that I am still working remotely for Australia company, have property and an active bank account. I see some people get invitation for interview while they are offshore, is that possible if applying through conferral. Thanks
Ganesh Pathak says
I am a New Zealand citizen living in Australia under special category 444 visa since 2009.
I have sponsored my mother under 461 visa and she is living in Australia with me since 2009, her 461 visa has been renewed 3 times since then.
With recent changes in Australian citizenship rules, if I apply and get Australian citizenship, I will become dual citizen of both countries.
Under these circumstances can I still apply for renewing her 461 visa as I am still a New Zealand citizen and living in Australia.
Or will I loose this 461 visa for my mother.
Please clarify, as she is not eligible for parent visa available for Australian citizens and I don’t want to loose eligibility for 461 visa.
millie says
Hi, thank you for your time. I am currently on a RRV (Resident return visa). As a child I lived in Australia for 9 years as a PR. My family traveled a lot and I have been a resident on and off for the last 20 years applying for the RRV at times I have returned to Australia. In total I must have lived in Australia as a PR for about 12 years (I am 32). I am currently here as a PR on a RRV since dic 2021.
My question is do I still have to wait 4 years to apply for citizenship, or does the time I spent here as a Child count towards these 4 years.
Angela says
Hi I applied for permanent residency and have been on bridging visa since november of 2021, I was wondering am i eligible to sponsor my partner with a partner visa?
Imran says
Hi Nilesh,
I have a question that i was granted substantive bridging visa c with full working rights while my permanent residency application was being processed. Will my all duration of stay in Australia before PR visa will null and void because of bridging visa C? I am so confused as i was about to apply for my citizenship application because i got my PR on 10 March 2022.
Thanks!
KR,
Imran
William Smith says
I am an American citizen whose late wife of 33 years (died in 2017 in Victoria) was an Australian citizen and permanent resident. I am financially independent and would like to become an Australian citizen in order to move permanently to Australia to be near my son, daughter-in-law and grandchildren. Can I fast track Australian citizenship as the widower of an Australian citizen?
Vishnu Sachidaran says
Hi,
I am on a 190 visa now and will become eligible for citizenship application on the 15th of June 2023.
I will be out of the country from 31st of May for a while – potentially a few months.
I was wondering if I can apply for citizenship whilst outside the country and will it affect the processing time of the application if I am outside of country at the time of application?
Thank you
Maliheh zare says
Hi there.I was immegrate to Australia with my hus and my daughter from 2017 with business visa 188 .we have two business .we had submitted for 888 permanently visa around 31 months ago ,but unfortunately we didn’t receive any comments any case officer doesn’t care about our file.
We are waiting so long.
What are we doing now?
Can we applied for. Citizenship with this ?
I am waiting hear from you
Best. Regards
Mali
Tris says
Hi there,
I have been a PR RRV since 2006.
I was overseas since Dec 2019 and during the pandemic was unable to return until Aug 2021.
I would like to apply for the citizenship. However, I will be overseas after that for a prolonged period. Will that be an issue for processing?
Appreciate your response here.
Zuhal Qayoumi says
Hi,
My Name Zuhal Qayoumi. I have arrived to Australia on 19 of November 2021. And I got my PR on April 2022. I have a question regarding application for Australian citizenship.
If I travel to overseas for 3-4 weeks. Does it delays my application process for the citizenship like for 7-8 years?
A family friend had travel to USA on the first year of arrival and since 8 years after applying for citizenship he receives a letter from home affair inquiring about that trip to USA and fails on the citizenship exam just because of that one reason.
Jacob Van Zyl says
I am a PR, and I have applied for citizenship. I arrived in August 2018. My daughter (also PR) came in December 2020, so she has only been here for 2.5 years. She turned 18 in June 2022, and is fully dependant on me. Full time student having finished year 12 at the end of 2022.
Can I add her to my citizenship application, or does she have to wait until she has been here for 4 years ?
Natalya says
I am a NZ citizen with a NZ passport. My family and i have been residing in Australia since November 2008. However i have been in Lebanon since April 2019 with my husband. I will be returning to Melbourne within 2 weeks. How long do i have to wait to apply for citizenship?
Nilesh Nandan says
Hi Natalya
Thank you very much for your post. Here are the first three (3) things that come to mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. In order to apply for Australian citizenship, you need at least to become an Australian permanent resident and although you currently hold a subclass 444 special category visa as a New Zealand citizen you are not an Australian permanent resident.
2. You should get advice about making an application for permanent residency in Australia, noting that there are frequent changes to the 189 New Zealand stream Visa class.
3. It is typical for New Zealand citizens to be required to show evidence of income in Australia for a number of years as a requirement for them to be eligible for permanent residency. So it would appear to me that citizenship of Australia is quite a long way away for you.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
https://myvisa.com.au/
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory https://myvisa.com.au/
Sunil says
Hi
I didn’t receive the bridging visa for 4 days and now when I apply for citizenship it showing me error that you are not eligible because I’m not meeting the requirements of continuous stay of 4 years.
So what will be my options?
How can I apply for citizenship?
If I do apply on paper base, what will be the chances of my application getting approved or rejected?
Please advise me
Thanks
Mai says
Hi,
I lived in Australia on a temporary visa for 4 years. Then I moved overseas for 6 months (during which my visa expired). If I apply for a PR visa and move back to Australia, will those 4 years spent on a temp visa be counted when applying for citizenship?
Kind regards,
Mai
Alex says
Hello! I have been in Australia for 4 years now going on 5, 3 years of which were working holiday visas, the fourth year I spent on a bridging visa and now I am currently on the NIL VAC covid working holiday visa. I have been with my employer for going on three years now (in agriculture which scrapped the 6 month work rule during covid) and he is trying to sponsor me! My question is if I get sponsored how many more years would I have to do before I can apply for permanent residency? I’m not sure if my working holiday years count as time spent in Australia? And because I have worked with the same employer for three years does that count towards anything and it is on a dairy which is on the list of jobs they need people for.
In the 4 years I have been year I’ve only left the country once to go home for 6 weeks.
Any help would be greatly appreciated,
Kind regards Alex.
Vu Ngo says
Hi Nilesh, thank you so much for spending your precious time answering the enquiry section.
Please help me clarify what happens if I stay more than 90 days outside Australia the last 12 months. When or how that period would be reset?
Much appreciated,
ang says
hi Nilesh, I have been in Australia since 2018 July lawfully and received my PR march 2021. my query is that can I leave Australia for couple of years right after applying for my citizenship in march 2023? as I have completed my 4 years here and 1 year as PR. Do i still need to be here until my application is finalised? thank you
AK says
HI, I have two questions,
My baby was born here in Jan 2022, we got our residency in Dec 2022, is my baby still eligible to apply for citizenship on their own?
What happens if you are absent for more than 90 days during the 1 year residency requirement period? Do we need to start all over again or we can just exclude overstay days?
Thank you
Hannie says
Hi,
Visitor Visa Arrival: 30/12/2018
457 Visa Approved: 11/2/2019
PR granted: 11/12/2020
Overseas Travel: 18/12/2019-18/01/2020
(1 month vacation)
Can I apply for Citizenship by conferral by January 1, 2023?
Am I a lawful resident since 30/12/2018?
Should i deduct my 1 month vacation on the 4 years lawful resident requirements ?
Hannie says
Hi,
Can I apply Australian Citizenship by January 1, 2023?
Visitor Visa – Arrival Dec 30, 2018
457 Visa – Approved Feb 11, 2019
Away – Dec 18,2019-Jan 18,2020
PR – Approved Dec 11, 2020
Does that mean that I am a lawful resident here in Australia for 4 years by Dec 30 (tomorrow) and can apply Citizenship by conferral by January 2023?
Thanks
Courtney Nelson says
Hi,
MY PR visa expires in February 2023, I have just put in my application for citizenship. Do I need to apply for a bridging visa?
Amel says
Hi Nilesh,
I just want to know if i can include my kids in my citizenship application (15yrs and below). They came to Australia 4months later than me. Can i still include them if they reside here less than 4yrs?
Lana says
Hi Nilesh!
I’m on PR since May 2022. I’m planning to apply for citizenship next May 2023. However, my partner ( aus citizen) got a job in UK and we might have to move to UK before May 2023.
Will I be able to apply for citizenship still in May 2023 being outside of Australia ?
If I stay until May in a country and apply tad then move to UK – will it be better for my Australian citizenship application?
Thank you !!!
Diana Smith says
I have lived in Australia for 42 years as a permanent resident. Due to Covid and not having seen my family for three years I went home to see my family in the UK for an extended period. I am told this makes me ineligible to apply for Australian Citizenship. I was told I should have applied during Covid! I did not think about it then because no one was allowed to leave the country.
As a permanent resident of so many years are there any extenuating circumstances?
Nilesh Nandan says
Test hello
Nilesh Nandan says
Test
Bash says
Hi I have a question can I apply for Australian citizenship as PR after 2 years is there any exception or a way to fastre the process and not to wait 4 years
Nilesh Nandan says
Hi Bash
Thank you for posting. I have created a page of useful tools including calculators which may be of interest to you here.
There is no apparent reason why you could FastTrack the approval process for Australian citizenship.
Regards, Nilesh Nandan, Immigration Lawyer, Special Counsel, MyVisa® Immigration Law Advisory, myvisa.com.au/ 1300558472
Andrew John bailey says
I’m an Australian citizen an I with like to apply for my children’s citizenship and they were born outside Australia so how do I apply for my children’s citizenship
US Visa says
This is glistening! You’re awesome! I don’t believe I’ve ever read anything like that before. It’s wonderful to find someone who has genuine thoughts on this subject. Really, thank you for starting this. This website is exactly what the internet needs: someone with some originality!
Mohsen says
Hi,
would you please advise me if I am eligible to apply for the citizenship of Australia?
Visa Class : Skill- 190
– Visa Grant Date : 3/10/2014
– First Entry : 15/8/2015 stayed in Australia for two weeks and then stayed away till second entry
– Second Entry : 10/9/2019 – continue ( Staying in Australia over this period without being away )
Chris says
Hi Nilesh,
do you have to maintain a visa for the full 4 years period? What if you leave Australia after 3 years for a limited time (1-3 month) because your visa had expired and then come back with a new visa. Is the 4 year period start from the beginning when you return or can you still claim the first 3 years as long as you haven’t been away for more than 12 month in total?
Piri says
Hi there,
May I respectfully ask for my eligibility on my citizenship application as many said I am eligible and some also said I am not yet.
I am now Australian PR subclass 100 which applied offshore and granted from 01/10/2019 and I understand that I have to complete 4 years before applying for citizenship.
Unfortunately, I didn’t come to Australia since the grant date, I came on the 21/06/2020 which my PR should start the 4 years scheme from that date, so I may be able to apply for my citizenship application on 21/06/2024.
However, I stayed in Australia on my student Visa on 02/06/2014 – 20/04/2016. Will this length of time be counted on my citizenship application?
I am greatly appreciate on your kindness of answer in advance.
Warmest Regards
Piri
Fatima Hasan says
Hi, So I landed in Australia on visitor visa on 20/08/2018, got my spouse visa on 05/08/2019. Got my PR on 07/09/2020. Went out of Australia from 10/10/2019-30/01/2020. When should I be eligible to apply for citizenship? Also my residence calculator shows 20/08/2022 however the citizenship application isn’t letting me go further! Im confused.
Felipe Jacob says
Hi there,
It’s been a year since I got ‘drug driving’
It was when my application for the the citizenship was lodged.
I had the interview in the same week that I received the letter to go to court.
So my citizenship got refused as i had an open case in court.
My question is when can i apply again for the citizenship?
And my pr expire in October 2024
Nilesh Nandan says
Thank you very much for your question. Here are the first three (3) things that come to my mind in relation to your post. There may also be other important issues which arise from your particular circumstances and you should seek specific immigration law advice before taking any further steps. It could be that I misunderstood you.
1. You need to show good character and this can be done through a period of non-offending if there is such a word.
2. You need to understand when your period of conviction and sentence ends including any probationary period and I would personally couch to use from that end stage before lodging a fresh application for citizenship unless they’re particularly unique circumstances about your case.
3. You should also understand what your motivation is for citizenship and then have a discussion with somebody who is qualified to give you some specific advice about your circumstances.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours! https://Buymeacoffee.Com/NileshNandan
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Sandhya Cherukupalli says
Hello Sir,
I am a NZ Citizen in 2016 and moved to Australia in July 2018 (Default received 444 visa on arrival into Australia). I got PR visa in July 2020. Now in Aug 2022, I checked and found that I am eligible to apply for citizenship. I was away from Australia for only 35 days in Dec 2019 – Jan 2020.
When I try to apply online citizen application, I am failed to progress with my application from page 6/36.
” The applicant is unable to proceed with this application. Access the Residence calculator to check when the applicant will have been in Australia long enough to be eligible for Australian citizenship. ”
But Residence calculator says “I am eligible to apply for citizen”.
Please help with my citizen application.
Regards,
Sandhya C
Nilesh Nandan says
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
This is because you had no Visa for Australia for the 35 day period.
As the holder of a special category 444 Visa you were not required to get a bridging Visa to exit and return to Australia (for your 35 day holiday) like most other people who are not New Zealand citizens would have been required to do.
Whilst you are allowed to have a period of limited travel outside of Australia in the four years prior to making your citizenship application and also in the 12 months prior to making a citizenship the online application form is glitching because it can’t detect that you continuously held a Visa for Australia.
This is a similar problem to when somebody lodges a Visa in Australia but no bridging Visa is immediately granted and they appear in immigration system to not have held any Visa for a short period of time and that gives the similar error to them when making an online application … but for this there is a workaround based on submissions addressing administrative error arguments.
Book a quick 10 minute chat with me here: https://myvisa.com.au/10-Minute
Did you benefit from this response? Feel free to buy me a coffee if this was useful. It helps me answer more questions like yours!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Piya says
Hi Nilesh,
I received PR on 23/3/2020 and I have been living in AU since 7/7/18 with some travelling trips. However there’s a trip in 2018 which is 6/5 to 20/9. Would like your advice on when I can apply for citizenship?
Nilesh Nandan says
Hi Piya
The residence calculator helps you estimate the number of days you have lived in Australia.
There are two separate periods you need to consider when ascertaining your eligibility for citizenship by conferral.
The first period
You must’ve been resident in Australia for a four year period prior to application for citizenship by conferral.
The second period
You must be a permanent resident for at least 12 months immediately before application.
Things only get problematic if you have been outside of Australia for more than 12 months in relation to the first period and more than three months in relation to the second period.
There are other rules which also affect eligibility.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Muhammad says
Hi Nilesh, your responses are really helpful to so many people like me. I have a situation where I spent two years as legal resident in Australia, followed by one year outside Australia due to COVID-19 pandemic (I was stuck and couldn’t return due to border closure), and now for the last year, I am again living in Australia. So altogether, I spend 3 years inbound and one-year outbound. Do you think I will have to makeup only for that one year that I spent outside Australia or my initial two years in Australia are also no longer going to be counted towards my residency requirement?
Thanks
Gihan says
Hello my husband is a permanent resident he holds a Lebanese passport and he needs to apply for a citizenship he’s been here for 12 years but his passport is expired does it needs to be new or it doesn’t matter he’s visa is renewed for five years
Nilesh Nandan says
Gihan
The passport does not necessarily need to be renewed. What is critical is that his permanent residence Visa has been renewed if he is to travel. Remember that a permanent residence Visa has a return facility which expires after a five year period. The permanent residence Visa itself does not expire But rather the return facility attached to it. In this way it is possible for somebody to remain a permanent resident for life provided they are excepting of the fact that after five years, they will not be able to return to Australia if they exit unless they first apply for a resident return Visa.
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Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
Rosien says
Hi, thanks so much for this article. Is this updated with recent changes?
Last month I read that you could max leave for 90 days in the year before applying. Has this changed?
Also, after applying, what is the max time you can leave the country?
Many thanks!!
David Velandia says
Hi,
I have been living in Australia since I was 12 years old, I am 26 now.
I finished my high school and have done a few certifications but yet I have never had my PR.
I have only been back to my country once in 2016 since I came to Australia..
is there anyway I can use this to apply for a citizenship?
Thank you in advance
Declan says
I have citizenship but not a passport. I also have a partner visa which finishes in 2023.
My Irish passport is linked to the visa. Can i still travel under the visa because i dont have an Australian passport.
MEHBOOB HUSSAIN says
I have a query about citizenship eligibility on PR visa:
1. Grant date – 07/09/2017
2. First landing – 11/12/2017 to 30/12/2017 and left Australia
3. Out of Australia – 31/12/2017 to 25/01/2019
4. In Australia since – 26/01/2019 to date
Am I eligible to apply for citizenship as of 03/05/2022?
Nilesh Nandan says
Mehboob
Please use this residence calculator.
https://immi.homeaffairs.gov.au/help-support/tools/residence-calculator
If you require specific advice please contact me.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
MEHBOOB HUSSAIN says
Thanks Nilesh,
I am confused about my Lawful residence date. If I put out as my first landing date and that as the absences, the calculator confirms my eligibility but if I put the date once I moved permanently, it disqualifies me. I am not sure what would be the lawful residence date.
Regards
Fred Abley. says
I lost my authority to return in 1985 in the UK when my father died and my mother soon after. I spent 22 years of my working life in Australia. Immigration told me I could not return because my authority had expired. Two documents have as proof of my coming to your country with my family in 1962 with SIT MAR passage contract. My son and daughter are there, plus my grand-children and great grand-children I have never seen in the flesh.I
K. Fade says
Hi Nilesh, I am a permanent resident in Australia since August 2, 2018 and did not go out of Australia ever since. I have been married for 25 years with 5 kids all Australian citizens including my wife. I am turning 58 years in 3 weeks and I have a Ph.D. in Management Studies from UK. I know I should complete 4 years in Australia which is due for me this year on August 4, but is there a fast track to get it earlier or ASAP based on my situation?
Nilesh Nandan says
Negative Houston!
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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Zamzam says
Hello, I am intrested in a guy who is currently holding a bridging Visa. I was introduced in knowing if he can become a permanent resident for getting married to someone who is an Australian resident, without going back to the original country.
If you can provide an answer for this that would be great, he also has been here for 8 years.
Nilesh Nandan says
Hi
This is a great question and depends on whether or not your proposed partner has previously been refused a partner Visa whilst here in Australia. I’ll also need to consider whether or not you and he are in a genuine and continuing spousal relationship. If it is a relationship short of a spousal relationship, with a defective or married partner, and the partner Visa option is unavailable. If he’s your fiancé then perhaps you should exit and you could lodge a prospective marriage Visa noting that he will need to remain offshore until that application is processed and that could be stressful for your relationship. Of course there are health and character requirements for any Visa need to be considered beyond the basic requirement of being in a genuine and continuing spousal relationship or otherwise meeting the requirements for a prospective marriage Visa if you wish to go down the fiancé Visa pathway as it is known.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
Mary says
Hi there, i want to ask if my children in overseas will get the same citizenship as me. I got my australian citizenship before they turn 18 in my homecountry as they are still studying at that time.i had put.their name on the application as well at the tjme when i applied fory citizenship
Nilesh Nandan says
This is a great question. The answer is a little complicated and I recommend that you seek professional advice. I think that there is certainly scope in this fact scenario to meet the citizenship requirements that it is unclear whether you have done what is needed to obtain the approval for citizenship in your particular circumstances.
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
myvisa.com.au/about/
1300558472
Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review
Faisal says
Hi Nilesh,
I have lived in Australia for 2.5 years on Student Visa from 2009 to 2011 and then returned to my usual place of residence. I then migrated to Australia on 489 visa on 5 Jul 2008 and have stayed in Australia to date. I was granted PR 887 on 16 September 2020. When do I qualify to apply for citizenship? Does the time spent on Student visa (2009 to 2011) counts towards 4 years stay? Thanks.
Nilesh Nandan says
Hi Faisal
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
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Yogesh says
Can we include spouse to be part of the application who is already a permanent resident or should we submit a separate request?