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!
92 Responses
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.
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
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.
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Regards
Nilesh Nandan
BBus(Accy) LLB(QUT) MBA(IntBus)
Immigration Lawyer | Special Counsel
MyVisa® Immigration Law Advisory
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1300558472
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
*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
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