Australian Citizenship

Australian Citizenship: A Guide To Becoming An Australian Citizen

October 5, 2024

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!

View Comments

  • 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?

    • 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.

      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

      • 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

  • 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

    • 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.

      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

  • 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!!

  • 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

  • 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.

  • 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?

      • 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

  • 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

  • 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?

    • Negative Houston!

      ​Regards​

      Nilesh Nandan
      BBus(Accy) LLB(QUT) MBA(IntBus)
      Immigration Lawyer | Special Counsel
      MyVisa® Immigration Law Advisory

      Hope this helps. Please help me answer more questions like these by leaving an honest review here: https://g.page/r/CfBw8UcKreaaEAg/review

  • 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.

    • 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

      • 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

    • 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

  • 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.

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Published by
Nilesh Nandan
October 5, 2024

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